A REPU liliaHUiikm»uiuiii:ii;i CORNELL UNIVERSITY LIBRARY Cornell University Library F 651 J71 South Dakota, a, republic of W^^^^ olin 3 1924 028 873 341 The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924028873341 SOUTH DAKOTA A REPUBLIC OF FRIENDS WILLIS E. JOHNSON, M. A. AUTHOR OF "a MATHEMATICAL GEOGRAPHY," VICE-PRESIDENT AND PROFESSOR OF GEOGRAPHY AND SOCIAL SCIENCES NORTHERN NORMAL AND INDUSTRIAL SCHOOL ABERDEEN. SOUTH DAKOTA PUBLISHED BY THE CAPITAL SUPPLY COMPANY <\ PIERRE, SOUTH DAKOTA A' u.-^ Copyright, 1911 BY WILLIS E. JOHNSON 9lJ , \ (^'"■'"•:)r In proportion as the structure of government gives force to public opinion, it is essential that public opinion should be enlightened. — Washington, Farewell Address. PREFACE. This book is written for the boys and girls of South Dakota. It is the burning desire of the author to quicken their interest in the commonwealth and to stimulate a healthy and intelligent patriotism. Training in the three R's is imperative, since they are the keys to all learning and culture, but it should be remembered they as readily unlock all doors of vice. Training for industrious, co- operative and intelligent citizenship is the true purpose of education, for the school exists as an instrument of society to preserve its ideals and processes by transmit- ting them to succeeding generations. To be sure these are taught in the home, the business world, the church and the government, but the school is created by society for this special purpose; it is society's supreme effort to preserve its own life. The school must give that preparation for the activi- ties of civilized life which the child would not readily acquire in the school of life itself. In haphazard contact with community and civic life the child will learn many valuable lessons in patriotism and in domestic, economic, religious and civic duty. But if we expect that these incidental, and often, accidental, lessons will constitute sufficient training for the child so that in maturity he may play a man's part in a world of men, we are doomed 6 SOUTH DAKOTA, A REPUBLIC OF FRIENDS to disappointment. Society looks to the school to give definite training for citizenship. The school must instill ideals of civic righteousness and cultivate habits of social service, for these alone insure the perpetuity and prog- ress of an enlightened democracy. Social life in this generation is rapidly passing into a stage where the community restraints of the face-to-face group are much less powerful than formerly because of the fact that people no longer live their whole lives in the same community. One has but to notice his own tendency to carelessness when away from home and among strangers to appreciate the omnipresent force of community restraint. Modern freedom, intelligence, prosperity and easy means of transportation have broken up the fixed social relations which characterized past civ- ilizations. With the rapid weakening of the restraining influences of the permanent community life there must be a corresponding strengthening of character or there will be a moral decadence. As the group control lessens, the moral fibre of the individual must strengthen. The modern social life requires a finer sort of patriotism and character, for many a man's rectitude of life is due as much to the public opinion of his group as to his own self-control. The soldier on the field of battle is very brave, but the one who is true and faithful in the midst of temptation when the eye of the public is not upon him is vastly braver. A higher type of citizenship must be developed if the higher form of civilization is to be pre- served. The loftiness of the ideals of modern life and the complex and changing character of the activities and culture of our day and age, place newer and greater re- sponsibilities upon the school. Any society stamps its character upon its schools. Society creates the school in its own image. As the schools of ancient Sparta were the barracks, and those of PREFACE 7 Rome were the forum, so the American public school is a miniature democracy, putting into practice the principles of industry, virtue, justice, equality and fraternity. The thoughtful teacher has" abundant opportunity in the ad- ministration of the democracy of school life to instill lasting lessons in citizenship. The child who has learned to restrain his caprice for the good of the group and cheerfully conform to law has learned the first lesson in true patriotism. In opening or general exercises, in as- signing committed productions, readings, essays and lan- guage lessons and in other ways there are countless op- portunities to cultivate an interest in public affairs. Every subject in the course of study and every activity of the school room and playground may lend direct as- sistance in training for intelligent and helpful participa- tion in social life. But just as physiology and hygiene are the best public school studies by which individual health is conserved, so civics is the study which is most valuable for the conservation of civic and social health. The author keenly realizes that civics should be more than a study of governmental processes, just as citizen- ship should be more than simply intelligent conformity to law. But while we have the democracy of industry, of domestic, educational, fraternal and religious life, dem- ocracy in government is the supreme manifestation of civic life. This book, therefore, is concerned mainly with the study of the governmental institutions and activities of South Dakota and of the nation. Whatever may be its defects and limitations, the animating purpose of the author is that it may be of some value in raising the boys and girls of this commonwealth to a higher plane of citi- zenship. Among the devices which make for social solidarity the slogan of the group plays an important part. "Amer- ican blood has been shed upon American soil," "England 8 SOUTH DAKOTA, A REPUBLIC OF FRIENDS expects every man to do his duty," "Honest money," "The cross of gold,'' have been party or martial mottoes that have united and inspired to group patriotism and action. Can we not consciously apply these simple prin- ciples of social psychology to more lasting social benefit? Will not the children of this state receive an uplift if they repeat over and over, "South Dakota, a Republic of Friends," "South Dakota, the Sunshine State," "Under God the People Rule"? The state song, composed for the children of South Dakota, sets these slogans to a simple and easily learned melody and it cannot be sung too often or too heartily. The word "Dakota" means "A Republic of Friends." Will it not become more and more such a republic in fact if the children are taught over and over what that name signifies? When Dakota Indians meet they greet each other in soft accents, "Ko-dah," or "Ko-lah," that is, "Friend." They proudly call themselves "Dah-ko-tahs." No more honest and upright class of primitive people ever were found, and none, when educated, show more splendid intellect and character. May not the minds and hearts of the latest Dakota children be inspired by such wholesome and pleasing sentiments in association with their common name? When alone and lonely in the midst of a great busy city, the author was once pleas- antly accosted by a stranger, who, recognizing the writer and extending a cordial hand, with a smile said, "Dah- ko-tah." It was a pleasing, heart-warming greeting. What's in a name? Why, whatever meaning we put into that name. May the teachers of this great state help the children to make Dakota in reality what it is in name, a republic of friends. That the book is easily within the comprehension of eighth grade pupils has been shown in the fact that nearly every portion of the manuscript has been under- PREFACE 9 Standingly read and recited upon by seventh and eighth grade pupils in the practice department of the Northern Normal and Industrial School, or in town and rural schools of the state. The order of topics in the book has been changed somewhat to accommodate it better to the new state course of study. The author wishes to thank those teachers who have used various portions of the manuscript of the text in their schools and have given him many helpful sug- gestions. He is under a special debt of gratitude for the clear insights, friendly counsel and inspiring co-opera- tion of President George W. Nash, whose splendid career in South Dakota as college professor, Superintendent of Public Instruction and President of the Northern Normal and Industrial School, makes his criticism exceedingly valuable for a work of this character. The author is grate- ful to Secretary Doane Robinson, of the State Historical Society, for much data ; to Judge J. H. McCoy, of the Su- preme Court, and Judge Frank McNulty, of the Circuit Court, for numerous suggestions on legal procedure; to Director S. W. Glenn, of the United States Weather Bu- reau, for his careful and painstaking verification of all of the data on climate ; to Professor J. E. Todd, former State Geologist; Professor E. C. Perisho, State Geologist, and Professor C. C. O'Harra for corrections and suggestions on the geography of the state; to Miss Ida B. Moore, of the Northern Normal and Industrial School, for many suggestions of a literary character. He wishes to extend grateful acknowledgment for the co-operation and in- spiration he has received from Governor Robert S. Vessey and all of the former governors now living — Andrew E. Lee, Charles N. Herreid, Samuel H. Elrod and Coe I. Crawford; from Superintendent of Public Instruction C. G. Lawrence and all of the former superintendents now living — W. H. H. Beadle, Frank Crane, E. E. Col- 10 SOUTH DAKOTA, A REPUBLIC OF FRIENDS lins, G. W. Nash, M. M. Ramer and H. A. Ustrud; from C. E. Swanson and J. Fred Olander, formerly connected with the Department of Education, and from many of the county superintendents and members of the legisla- ture. He is under a special debt of gratitude to former Governor William Jayne for the inspiring message which he has written for this book. He wishes also to acknowl- edge the counsel and help he has received from Mr. Edward T. Taubman. The splendid index is the pains- taking work of the author's son, Willis Leslie Johnson. While recognition is gladly extended to the persons men- tioned and to many others, the author assumes complete responsibility for any errors or other defects in the book. The almost complete exhaustion of the first edition of nearly six thousand copies in a single year demonstrates that the book fills a need and makes imperative a new edition. The author is glad to have an opportunity to correct some errors which appeared in the first edition and wishes to thank many friends who have offered some ex- cellent suggestions, particularly Mr. George E. Todd. He is also glad to have an opportunity to express his apprecia- tion of the very kind words of many South Dakotans con- cerning the book. The South Dakota song seems to have met with much favor. It has been translated into several languages. One of these translations, into the Dakota Indian tongue, by Rev. Dr. Edward Ashley of the Cheyenne Agency, is especially interesting and unique. Aberdeen, South Dakota, July 8, 1912. CONTENTS A Plan for Study — South Dakota Scrap Book — Essays 13 A Flag Salute 14 South Dakota Song 17 PART I. SOUTH DAKOTA GEOGRAPHY AND HISTORY CHAPTER PAGE I. Introduction 19 II. Surface Features 27 III. Climate 50 IV. Industries and Institutions 62 V. The Birth of a Republic 82 VI. Historic Items 103 VII. South Dakota Indians 106 PART II. SOUTH DAKOTA CIVIL GOVERNMENT VIII. A Republic Within a Republic . . . .111 IX. The Legislative Department 121 X. The Executive Department 138 XI. The County 161 XII. The Township . ." 173 XIII. The Town 180 XIV. The City 185 XV. The Judicial Department 194 XVI. The Public School System 206 XVII. Nominations and Elections 218 11 13 CONTENTS PART III. UNITED STATES CIVIL GOVERNMENT CHAPTER PAGE XVIII. Congress ... •233 XIX. Powers Denied Nation and State .... 247 XX. The Federal Executive Department . . . 249 XXI. The Federal Judiciary 266 XXII. Final Provisions of the Constitution . . . 271 Appendix 277 Glossary 323 Index 327 A PLAN FOR STUDY A South Dakota Scrap Book It is suggested that every pupil studying this book in the seventh or eighth grade, make a scrap book on South Dakota, its geography, civics and history. A loose-leaf note book answers the purpose splendidly. If one cannot be purchased it can be made by the pupil very easily from any good-sized old book. A few pages should be cut out here and there to make room for the articles and pictures pasted in. A very good paste may be made by wetting a little flour in cold water, then letting it boil until it thickens. When cold, stir in a few drops of formalde- hyde and the paste will not get mouldy. A few drops of essence of peppermint will give it an agreeable odor. Watch the newspapers and magazines for articles about South Dakota, or some portion of it. Clip these out and neatly paste them in the scrap book. Put in pictures of state and county officers, court houses, the capitol building, public school buildings, the buildings at the state university and colleges and normal schools of the state, prominent educators and others who are en- gaged in notable or public work in the state. A few scenes representing different portions of the state, occu- pations and industries may be added. There should be included some of the maps, charts and diagrams made by the pupils as suggested in this book. When finished, an index should be carefully made. If the scrap book is pre- sented at the time of the county eighth grade examina- tion, it will certainly receive some consideration, and the best ones may be sent to the state fair. 13 14 SOUTH DAKOTA, A REPUBLIC OF FRIENDS Essays One essay each month should be written on some topic of interest on government or community life. In no case should the essay be written until the pupil has made some observations or done some reading on the subject and has something to say. A few topics are here suggested. Visits. A visit : to a court house, to a postoffice, to a park, to a county fair, to a football game, to a college or normal school, to a farmers' institute, to a teachers' insti- tute, to a picnic, to a newspaper office, to a telegraph office, to a hospital. How Some Things Are Done. How men vote. How mail is sent. How roads are repaired. How taxes are collected. How a deed is written and recorded. How contracts are made. How candidates are nominated. How a silo is made. How disease is spread. Needs. The need: for good roads, for rural tele- phones, for groves, for a public hall, for literary societies, for good health, for skating ponds, for taxation, for a beautiful school room, for ventilation in school, church and home. Other Topics. Our debt to the pioneer. Prevention of accidents. First aid to the injured: The care of the teeth. Home life in the city compared with home life in the country. Country sports and city sports. When grandma was a girl. When grandpa was a boy. A talk with the oldest settler. Some good habits and some bad ones. Cheerfulness. What I want to be when a man. The games I like to play. A Flag Salute The flag salute, which is used in most schools of this country, is given as follows : At a signal from the teacher A PLAN FOR STUDY 15 every pupil stands erect and faces the flag, which is usually draped on the wall back of the teacher's desk. At another signal, generally made by raising the hand, the military salute is given by the pupils. This is made by lifting the right hand, palm downward, the forefinger touching the forehead above the eye. Standing thus, all repeat together slowly: "We give our heads and our hearts to our country; one country, one language, one flag." At the words, "our hearts," the right hand is placed over the heart, then placed at the side. At the words, "one flag," the right hand is extended gracefully, palm upward, toward the flag, all eyes being directed toward it. Another flag salute is given as follows : "I pledge alle- giance to my flag and the Republic for which it stands ; one nation, indivisible, with liberty and justice for all." At the words, "to my flag," the hand is extended toward the flag and remains in this position until the end. A pleasing variation is made sometimes by giving tlie "silent salute. ' ' The pupils form in a line, or in two lines, facing each otlier. The flag is then carried in front of the line, or between the lines, and the hands remain at salute until the flag has been placed in its position, when, at a signal from the teacher, every hand is dropped. Sprlngfisld, llllnola, April 5, 19U. Profaeeor Willis E. Johnson , Northern Normal and Industrial School, Aberdeen, South Dakota. My dear Sir: Half a century ago I was sent by President Abraham Lincoln to organize the territorial government of Dakota, which then comprised a vast extent out of which four states have been created. These stpites, by reason of their healthfulness, material prosperity, general intelligence, and educational advantages, take equal rank with the most favored states of the whole Union. After travelling over the vast prairies of that land, which had been marked in school maps as the "Great American Desert," I thought I could see what was to be In the future, aa the white settler cane to make a home and build a great civilization in the place to be left by the retreating footsteps of the Indian and buffalo. To the boys and girls oi your great common- wealth I wish to extend my congratulations upon their having homes in a land of freedom and plenty. May they be inspired by the sacrifices which others have made for their welfare; may they be grateful to almighty God for their abundant blessings; and may they grow up to bo citizens who are worthy of such a country and such a civilization. "South Dakota, A Republic of Friends.'" Surely this is an inspiring name for a book for these young people. After fifty years of watching the growth of your territory and state, I wish to say that my last wish for her will be that she may soon become what her name signifies, "a republic of friends . " SOUTH DAKOTA W. E. J. W. E. J. =^£ w ^ ^ ■m m S — I^S ^ 1. South Da - ko - ta, land of sun-shine, Un - der God the peo - pie 2. South Da - ko - ta, land of plen - ty, To health and wealth the o - pen 3. South Da - ko - ta, land of vir - tue. May this no - blest ti - tie m& ^-1^^ gE Brrrrrn m |jt:3_j> i I H=^=^^ tule; Thee we love and all thy bless - ings. Home and door; Land of fer • tile plain and prair - ie, Moun- tains crown; That the lav - ish gifts of na - ture Meas-ure ^^— f- ^=gj ^^ Chorus. ^ N ^ -Z5|- ^ m state, and church filled with gems man - hood's true # and school, and ore. re - nown. South Da - ko - ta, land of .^ -^ g ^ sun-shine, Un - der God the peo - pie rule. , the peo - pie rule. = r r f- I f=f=FF fi 18 PART I. SOUTH DAKOTA GEOGRAPHY AND HISTORY CHAPTER I INTRODUCTION South Dakota. "A Republic of Friends." The name Dakota is derived from the Indian word "Koda" or Fig. 2. State Seal. "Kola," which means "friend." Dakota, in the language of the Indians who call themselves by that name,* means, *There were seven allied tribes who called themselves by this name. The term "Sioux" is also applied to them and to many other Indians, but its meaning is exactly opposite. The early French explorers asked the Chippewas what Indians lived west of them and they replied "NaduwessI," meaning "the enemy." The French wrote the word down as the name of the Indians and spelled the plural of it "Naduwessioux." This word be- came abbreviated to "Sioux." The Dakotas do not like to be called Sioux, and no wonder they prefer their own splendid name. 19 20 SOUTH DAKOTA, A REPUBLIC OF FRIENDS in a general way, an alliance, league, or republic of friends. What a splendid name for a commonwealth ! May every boy and girl in our schools say, "I belong to Dakota, a republic of friends.'' Under God the People Rule. This is the motto of the state of South Dakota. It appears on the great seal of the state (for the uses of the seal see Chapter VII). We all recognize that there is a Power in the world which is Fig. 3. TJnited States Seal. mightier than that of man. The people should regulate all public affairs as in the presence of God. In former times governments were not carried on by the people or for the people. Even in our own country today, laws are often passed to protect some private interest instead of for the public good. Our state motto should ever inspire us to make our government more free from the control of selfish interests and more consecrated to the good of all. Seal of the United States. On July 4, 1776, imme- diately after the Declaration of Independence was adopted, John Hancock, president of the congress, arose INTRODUCTION 21 and said: "We are now a nation, and I appoint Benjamin Franklin, John Adams and Thomas Jefferson a commit- tee to prepare a device for a Great Seal of the United States of America." It was not until 1782, however, that the present seal was adopted. It consists of the American bald eagle within a circle. In his beak is a scroll bearing the motto "E Pluribus Unum, " meaning "Out of Many, One," and sigailying "One Republic made out of Many Republics. ' ' On the breast of the eagle is a shield made up of a blue band above, with thirteen stripes below, seven red and six wiiite. The band represents the federal government which binds together the states. The right talon is grasping an olive branch symbolizing Peace, and the left holds thirteen arrows, symbolizing War. Over the head of the eagle is a " breaking through a cloud, ' ' revealing a constellation of thirteen states. The shield "is borne on the breast of the American Eagle, without any other support, to denote that the United States of America ought to rely on their own virtues." A reverse side was also provided for but it has never been used. The Sunshine State. South Dakota is very appro- priately called "The Sunshine State." The percentage of sunshine is very high. According to the United States Weather Bureau, it is among the highest of the agricul- tural states. This is of untold value in conserving the health, in hastening the growth of crops during the sum- mer and in many other ways. Health. "To health and wealth the open door." Ac- cording to the United States Census Bureau, South Dakota has had for years the lowest death rate of the states of the Union that have an accepted system of preserving health statistics. A few statistics from the Census Bureau may be interesting. The total number of deaths, for every 1,000 persons, is given as follows: South Dakota, 8.8 in 1906; 9.8 in 1907; 10.1 in 1908. United States, 16.1 in 1906; 16.4 in 1907; 15.3 in 1908. For a series of years the average of the United States was 16.3; England, 16; France, 19.6; Germany, 19.9; Italy, 21.9; Austria, 24.2. The death rate for South Dakota is not only the lowest in the United States but the lowest in the world, the nearest being New Zealand, 9.9 deaths per thousand of population. One should be care- 23 SOUTH DAKOTA, A REPUBLIC OF FRIENDS ful, however, in drawing conclusions as to healthfulness from the death rate. The state having the highest death rate in this country- is often California, but this is largely due to the great numbers of sick people who go there for their health. The healthfulness of the state is accounted for in various ways. The purity and dryness of the air has much to do with it; the sunshine has a great value as a disease destroyer ; the fact that the people, as a rule, are well to do and have an abundance of the best of food, comfortable shelter and means for travel, rest and phy- sicians' services must be remembered ; the purity of the drinking water, particularly the artesian water, is greatly emphasized by scientists as one of the causes, because the germs of typhoid, malaria, or other diseases are never found in our artesian water. Wealth. For many years statistics have shown that there was more wealth owned and produced in South Dakota, in proportion to population, than in any other state. When we consider that there are millions of acres of rich farming land in this state and enough food products are raised each year to feed the entire popula- tion of Illinois, but that we have only about one-fourth of the population of one of her cities, Chicago, we then can appreciate why we have so large a production accord- ing to population. To this must be added the fact that South Dakota ranks fourth in the production of gold; one mine, the famous Homestake mine at Lead, produces nearly one-twelfth of all the gold mined in the United States each year. With an average of over four hundred acres of land for every family in the state, having ability to support in comfort several times the present population. South Da- kota certainly deserves the title, "Land of Plenty." The boys and girls of this favored state have a splendid heri- \ V "iJ^Krv ■" Fig. 4. THE PASQUE FLOWER. "While wasting snowdrifts, lingering, enshroud, You, smiling, cheer the chill, despondent field ; Unerringly to prophesy the proud And gorgeous beauties that the summers yield. "So, South Dakota, be it thine to lead ; Thy smile to light affliction's dreary time, While o'er the drifts you scatter wisdom's seed. And harvest glory in the season's prime." — Doane Robinson. Fig. '5. Flag Salute. INTRODUCTION 35 tage. May they use their opportunties to develop a cor- responding wealth of manhood and womanhood ! State Flower. The Pasque Flower is the state flower. It is found growing wild over the north central states, ex- tending from Illinois to the great plains. A variety of the plant is found in northern Europe, growing wild and also cultivated in gardens. It received its name in France because it blossoms there at about Easter time, the word pasque (in modern French it is "paque") meaning Easter. As it is the first flower to blossom on our prairies, the motto accompanying the flower is "I Lead." The State Flag. In 1909 the legislature of South "Da- kota adopted a state flag. One side of the flag is shown on the cover of this book. The reverse side has the state seal in the center. It was the intent of the law to have the flag a light blue color, but for some reason a dark blue is used. The seal should be printed in dark blue, but gold is used instead. Following is the law describing the flag: "The state flag, or banner, of South Dakota shall con- sist of a field of blue one and two-thirds as long as it is wide, in the center of which shall be a blazing sun in gold two-fifths as wide in diameter as the width of the flag. Above this sun shall be arranged in the arc of a circle, in eold letters, the words "South Dakota," and below the sun in the arc of a circle shall be arranged the words, in gold letters, "The Sunshine State," and on the reverse of the blazing sun shall be printed in dark blue the great seal of the state of South Dakota. The edges of the flag shall be trimmed with a fringe of gold to be in proportion to the width of the flag. The staff shall be surmounted with a spear head, to which shall be attached cord and tassels of suitable length and size." — Session Laws, 1909. 26 SOUTH DAKOTA, A REPUBLIC OF FRIENDS Old Glory. While we love our state and all its bless- ings, there is no glow of patriotism like that which wells up in our hearts when we salute "Old Glory," as we fondly call our national flag. The thirteen stripes sym- bolize the thirteen original states which united to form this nation. There is one star for each state. On the fourth of July following the admission of a new state an additional star is added to the flag. "Citizens, by birth or choice, of a common country, that country has a right to concentrate your affections. The name American, which belongs to you in your national capacity, must always exalt the just pride of patriotism more than any appellation derived from local discrimi- nations." — Washington, Farewell Address. QUESTIONS. A BEPUBLIC OF FRIENDS. "What is the meaning of "Dakota?" From what is it clerivecl? How did the word Sioux originate? STATE SEAL. What is the motto of South Dakota? Where found? Describe the state seal? For what is it officially used? By whom? (See "seal" in the Index.) How should our state motto inspire us? Read the description of the state seal in the constitution (Article XI). SEAL OF TEE UNITED STATES. When was the seal adopted? Describe it. For what is it used and by whom? TEE SUNSEINE STATE. What is the nickname of South Dakota? Why so called? Of what special value is the great amount of sunshine? EEALTE. What can you say as to the healthfulness of South Dakota? Compare the records. Name four causes for the unusual degree of health. WEALTE. What can you say as to the wealth of the state accord- ing to population? How many acres of land are there, on the aver- age, for each South Dakota family? STATE FLOWER. What is the state flower? Describe it. What is the origin of its name? What motto accompanies the flower? Repeat the two stanzas by Doane Robinson on the state flower. STATE FLAG. Describe the state flag. OLD GLORY. Describe the flag of the United States. What is the "flag salute" given by millions of American pupils each school day? What is the South Dakota salute? CHAPTER II SURFACE FEATURES Near the Heart of the Continent. Draw lines diago- nally across a map of North America and you will find that they cross at almost the exact center of South Da- kota — at Pierre, the capital. Thus we see that the Sun- shine State lies in the center of North America, near the heart of the continent. The Atlantic, the Pacific and the Gulf of Mexico are each ■about 1,300 miles distant. The state is situated half way between the equator and the North Pole, the 45th parallel crossing the northern portion of the state. Blessed Land of Room- Enough. The area of South Dakota i s 77.650 square miles ,^^ — (land 76,850; water 800), be- ing larger than all of the New England states combined and over one-third as large as France. The population av- erages about eight for each square mile. How many acres does this average for each man, woman and child in the state? The length of the state, east and west, averages about 370 miles and the width about 9^0 milpg Boundaries. The states surrounding South Dakota are 27 ITig. 6. "At the heart of the continent." ..^ 38 SOUTH DAKOTA, A REPUBLIC OF FRIENDS shown in Fig. 8. Name them. The boundary lines are also shown. Be able to name all of them. Land of Fertile Plain and Prairie. The surface, for the most part, is a gently rolling prairie. It rises from a plain east of the Missouri river to a plateau in the west- Fig. 7. "Over one-third as large as France." ern portion and mountains (the Black Hills) in the southwest. Two low table lands from 1,500 to 2,000 feet above sea level extend north and south in the eastern half of the state. One, the Coteau* des- Prairies, is near the eastern border. The other, the Coteau du Missouri, is just east of the Missouri river. Both of them are cov- • Coteau (Ko-tC) means a tiilly divide Ijetvvuun two valleys. SURFACE FEATURES 29 ered in some places with boulders and piles of gravel, sand and clay. Between these table lands lies the famous basin of the James, or Dakota, river. In the southeast NORTH DAKOTA Seventh KSiandard Parallel NEBRA5KA Fig. 8. Boundaries of South Dakota. A — Bois des Sioux River, which drains Lake Traverse. B — Lake Traverse. C — Line connecting headwaters of the two lakes. D — Big Stone Lake. E — Line due south of the outlet of Big Stone Lake. F — Boundary line between Minnesota and Iowa, called "Secondary base line of fifth principal meridian." Correction lines, called "standard parallels," are surveyed parallel to it every 24 miles. The seventh of these is the boundary between the Dakotas. G — Big Sioux River. H — Missouri River. I — 43rd parallel north of the equator. J — 27th meridian west of Washington, or 104° 3" west of Greenwich. For surveying purposes this portion is called the Black Hills prin- cipal meridian. K — Seventh standard parallel north of the secondary base line to the fifth principal meridian of the government survey. 5 — The area surveyed from the fifth principal meridian. 6 — The area surveyed from the sixth principal meridian. B. H. — The area surveyed from the Black Hills principal meridian. are the basins of the Big Sioux river and the Vermillion river. West of the Missouri river the surface is higher and more uneven and hills and table lands, are numerous. In 30 SOUTH DAKOTA, A REPUBLIC OF FRIENDS the southwest these are so thick and steep sided that the region was called "bad lands for travelers" by the early- French explorers. This name was shortened to "Bad- lands." Five rivers flo w into the Missouri from the w est^ind drain this half of the state. To the north is the Grand river, which rises in Cave Hills in the extreme northwest. Fig. 9. Surface features of South Dakota. Not far to the south is the Moreau (pronounced mor'- row) or Owl river. The map shows the largest of these rivers, the Cheyenne, reaching out branches like long fingers, clasping the entire Black Hills country. In the valley of one of its branches north of the Hills, the Belle Fourche river, is a great irrigation dam and a large tract of land made very productive by its waters. The Teton, or Bad, river rises in the Bad Lands and flows into the Missouri opposite Pierre. The White river rises in Ne- braska, flows through the Bad Lands and then across the plains. All of these rivers have broad and somewhat deep valleys. SURFACE FEATURES 31 The Ancient Ice Sheet. About ten thousand years ago a great sheet of ice^ in places hundreds of feet thicrk, pushed its way down from the north and northeast and spread over a large portion of North America. It is not known what caused this "ice age," but the fact of its ex- istence cannot be denied. Figure 10 shows the great glacier when it covered what is now the eastern portion of the state. A great lobe or branch of the sheet of ice is called the Dakota glacier. Pre-Glacial Conditions. Before the coming of the field of ice the Missouri occupied the present James river val- ley, having carved out a broad basin about six hundred feet lower than the plains on either side. The ice sheet turned the Missouri river out of its course, pushing it over to the western border of the glacier. Glaciers carry a great deal of stones, gravel, sand and fine clay, which are scraped or washed in the ice. Cracks occur in the ice, some of it melts, and much of the material is washed down under the glacier. The mountain of ice crushes many of the stones into fine powder and this is spread out underneath as a fine clay. This explains why the region east of the Missouri river is covered with a coat- ing of fine, tough clay (which makes the best kind of a subsoil), with here and there boulders and gravel. At the edge of the glacier there were more stones and gravel deposited. Many of these stones are found to be worn down and scratched by being frozen into the ice and scraping against other rocks as the glacier pushed its way along. These scratches on flat-faced stones are called glacial striae. The deposits are called glacial "drift." Glacial Lakes. West of the Missouri river in South Dakota the surface has what the geographer calls perfect drainage. Scarcely a lake is to be found there. East of the Missouri river, however, we find many lakes and un- 33 SOUTH DAKOTA, A REPUBLIC OF FRIENDS drained areas. Most of them, like lake Kampeska, Lake Madison, Waubay Lake, Lake Poinset and Lake Andes, were caused by irregular glacial deposits of rock material. Lake Traverse and Big Stone Lake are glacial channel lakes, explained later. Lake McCook, in Union county, is one of the very few lakes in the state not caused by the glacier. This is an abandoned bend, or "ox-bow," of the Missouri river. A few other "horseshoe" lakes like it are found along the Missouri river bottom land, or flood plain. Moraines.^ The rock material deposited underneath the ice sheet, principally clay, is called ground moraine.* As the glacier melted back and disappeared from the coun- try it did so very gradually, the border of the ice staying in nearly the same place for years. Along the edge of the ice field the clay, gravel and stones that were in the ice and on it were dropped as the ice melted. Piles of stones, sand and clay grew to be hills, and as the glacier melted back in summer and advanced in winter a belt of these heaps of stones was formed along the edge of the glacier. These hills and ridges are called terminal mo- raines (Lat. terminus, the end). Broad valleys were washed out through the terminal moraines by huge streams caused by the melting of the ice. We can trace where the edge of the ice remained for a long period of time by the series of hills, covered more or less with rocks and gravel, and broken here and there by broad valleys. There were four great pauses in the retreat of the ice sheet from the South Dakota region and, there- fore, four of the great outer terminal moraines are to be found today in this state. Altamont Moraine. The outermost moraine has been given the name of Altamont (Lat. alta, high + mont, mountain), from a town in the eastern part of the state, • Morame (mo-ran'), from a French word meaning "a heap of stones." Fig. 10. The Ancient Ice Sheet, Fig. n. Photograph of a Canadian Glacier. "Glaciers carry great quan- tities of rock, gravel and clay." Fig. 12. Hog-back of Dakota Sandstone, Buffalo Gap, South Dakota. Fig. 13. In the Big Badlands. Cattle Descending From Grass-Covered Table Land to Grass-Covered Valley Below. Fig. 14. Excellent Grazing on the Plains Near the "Bad Lands." 1 *«"« *»Si^^^iSi^^^^^^ Fig. 15. In the Big Bad Lands. SURFACE FEATURES 35 Fig. 16. Altamont Stage of Dakota Glacier. Showing the position of the glacier in eastern South Daltota when the Altamont moraino was deposited along the edge of the ice sheet. if:". ■■« * sn y ■■./:"= :-.v 50 Miles iiP^WBBH W£/ ^w 1 1 •^«*i 1 " 1^ "'•itai p^7^ 2 S 1 IliiHWiNK.''^ i i 1 1? dm '^ ^^^^piMrk'w^I9 ^ g Fig. 24. Head of Cottonwood Draw, in Center of the "Bad Lands.' Layers of Sandstone in Clay Beds. The Sandstone Protects the Clay From Weathering and Wearing Away. The Isolated Caps Are Called "Ostrich Heads." Fig. 25. Government Diverting Dam Near Belle Fourche. Fig. 26. A Scene in the Black Hills — Sioux Pass. Fig. 27. In the Northern Part of Deadwood. "Upturned and overlapping layers of rock." SURFACE FEATURES 47 the region and the winds spread fine sand and dust over it. The fossil remains of many animals, some of them very large, have been found in these deposits. An uplift of the whole western plain occurred. The Rockies and the dome, which developed into the Black Hills, were uplifted. In the Bad Lands the surface is made up of very fine clay, with occasional layers of harder stone. The rainfall is not very great, but comes in heavy showers, and there are no trees, shrubs, or deep-rooted plants to hold the soft surface together. Under these conditions the ordinary weathering forces produce a very irregular surface, every rain washing out tiny canyons and ravines. Professor O'Harra, in his valuable bulletin, explains the development of the region as follows : "The badlands of the Black Hills region are the result of erosion, controlled in part by climatic conditions and in part by the strati- graphic and lithologic nature of the deposits. There is too frequent lack of appreciation of the work of common disintegrating and carrying agents and many an individual speculates upon the mighty upheavals and the terrible volcanic forces that to him have pro- duced the wonderful ruggedness of the badlands, when the real work, so far at least as immediate topography is concerned, wholly apart from the forces of vulcanism, have been performed under a kindly sun and through benevolent combination by ordinary winds and frosts and rains, and to a lesser degree by plants and animals. "What the earliest beginnings may have been is not known. SuJSce it to say that then, as now, the sun shone, the winds blew, and the rains came, and such- irregularities as may have existed influenced in some degree the earliest run off. Season by season the elements weakened the uplifted sediments, and little by little the growing streams etched their way into the yielding surface. In time lateral tributaries pushed their way into the interstream areas and these tributaries in turn developed smaller branches, the series continuing with ever increasing complexity to the delicate etching at the top of the highest levels. "All the important streams, the Little Missouri, the Grand, the Moreau, the Cheyenne, and the Belle Fourche, the Bad and the White rivers, give indications of an eventful history, but for this there is little opportunity for discussion here. Cheyenne river and White river are the chief factors today in the production and con- tinuation of the badland features, and of these White river clings most closely to its task. The Cheyenne has already cleared its valley of the badlands deposits except in the important locality southeast 48 SOUTH DAKOTA, A REPUBLIC OF FRIENDS of the Black Hills and in the western Pine Eidge area beyond the headwaters of White riv(;r, and even in these areas the main stream has cut entirely through the formations and in most places deeply into the underlying black cretaceous shales. White river, on the other hand, for more than fifty miles of its middle course, meanders across a wide alluvial bottom, underlain by badland sediments, while its many branched head and all of the larger tributaries from the south and many from the north continue to gnaw vigorously into deposits that retain much of their original thickness. ' ' QUESTIONS. NEAR THE HEART OF THE CONTINENT. Where in North America is South Dakota? The distance to the Atlantic? The Pacific? The Gulf of Mexico? The North pole? The equator? BLESSED LAND OF ROOM ENOUGH. What is the area of South Dakota? How does this compare with New England? With France? What is the density of the population? The length of the state east and west? The width? BOUNDARIES. Name the states which bound South Dakota. Name the boundary lines. LAND OF FERTILE PLAIN AND PRAIRIE. Describe the sur- face of the state in general. What two low table lands are east of the Missouri river? What valley lies between them? What other rivers are here? Describe the surface west of the Missouri river. What is the origin of the term "Badlands?" Where are they? Name the five rivers of the western portion. What great project has been established by the United States in one of these valleys? THE ANCIENT ICE SHEET. What portion of North America was once covered with ice? What is the portion of the ice sheet called which covered what is now South Dakota? PREGLACIAL CONDITIONS. What great stream once occupied the present James river valley? "Eivers make their valleys, they do not find them. ' ' How deep a basin had the Missouri river carved out"? By referring to the picture of .the Alaskan glacier show how the clay east of the Missouri river was formed. Why are more stones and gravel found along the edge of a glacier than underneath it? What is meant by glacial drift? Have you ever found any stones having flat and scratched surfaces? GLACIAL LAKES. Name six glacial lakes of South Dakota and the county in which each is located. What caused them? Explain the cause of Lake McGook. MORAINES. What are moraines and how are they formed? What are terminal moraines? Ground moraines? How many great terminal moraines are found in South Dakota? ALTAMONT MORAINE. Copy the map showing this moraine. Where is it nearest to your home? From what is the name derived? GART MORAINE. What was the size of the Dakota glacier when this moraine was deposited? Copy the map showing its position. ANTELOPE MORAINE. Where is this moraine to be found? Copy the map. Tell about Glacial Lake Dakota. SURFACE FEATURES 49 KIESTEB MOSAINE. Where ia this moraine? LAKES TBAVEESE ANV BIG STONE. Where was glacial Lake Agassiz? What was Eiver Warren? How were Lakes Traverse and Big Stone formed? What river is the outlet of each? MOUNTAINS FILLED WITH GEMS AND OEE. What ia the area of the Black Hills region? Why so named? What is the height of the Black Hills as compared with the Appalachians? What is the highest peak and its altitude? Explain how the Black Hills were formed. Describe the hills around the granite center. In Fig- ure 12 the great plains lie off to the left; in Figure 27 to the right. Compare these with Figure 21. THE BED VALLEY. Describe this valley. What did the Indians call it? Why? What cities are located in this valley? What is the name of this rock formation? What valuable mineral is found in it? THE DAKOTA SANDSTONE. Where is this rock layer upturned to the surface? What use is made of it? Why is it especially inter- esting to us? ARTESIAN WELLS. Make a diagram like Figure 22, marking the Dakota sandstone. How is the water which is in these layers kept in? From whence does the water come? Why does it come to the surface in wells out on the plains? THE PBESSVBE. Suppose the well pipe at Aberdeen were pro- jected up in the air seven hundred feet. What would be the pressure at the top then? The top of the pipe would then be level with the plain to the west. (The altitude of Aberdeen is 1,300 feet; of Bowdle, 1,995 feet.) Why is the water pressure less on the higher plains than in the James river valley? A WARNING. What is the warning of the state geologist? THE BADLANDS. What is said of the fertility of the soil? Where is the largest badland region in the state? What bulletin has been published on this subject? Describe the appearance of this region. The rock layers. What conditions produce these surface features? CHAPTER HI CLIMATE Seasons. South Dakota has a continental chmate, which dififers from oceanic chmate by having greater changes in temperature. The usual seasons of the tem- perate zone — spring, summer, fall and winter — are found here. Spring and fall are somewhat shorter than in the eastern portion of the United States, March often being a winter month and summer coming quickly in May. Winter sometimes sets in at about Thanksgiving time. Occasionally, however, we have an early spring, with seeding in March, and frequently there is little winter weather until Christmas time. AVERAGE DATES OF KILLING FROSTS. City. Last in Spring. First in Fall. True Summer. Aberdeen May 21 Sept. 18 120 clays Brookings May 22 Sept. 18 119 Huron May 12 Sept. 20 131 Sioux Falls May 12 Sept. 19 130 Yankton May 2 Oct. 3 154 Pierre April 30 Sept. 30 153 Eapid City May' 6 Sept. 26 143 Spearfish May 9 Sept. 27 141 St. Paul* April 27 Oct. 3 159 Temperatures. The average temperature for the en- tire state is about 45° for the year. The western half of * Cities of other states are given in some of the tables for comparison. All records are those of the United States Weather Bureau. Temperatures are of the Fahrenheit scale. SO CLIMATE ^i the state is slightly warmer than the eastern half. The average is 45.6" in the west and 45.5° in the east. The following table gives a good idea of the temperature as recorded by the United States Weather Bureau : TEMPERATURES. Year Average Lowest Highest records annual ever ever *^ity- began. temperature, recorded recorded. Aberdeen 1890 41.9 —46 111 Alexandria 1882 45.2 —38 110 Brookings 1888 42. ,5 — 41 104 Clark 1889 42.6 —40 108 Greenwood •. 1893 48.9 — 37 111 Highmore 1887 44.7 —40 108 Huron 1881 43.3 —43 108 Milbank 1890 42.8 —38 107 Pierre 1891 46.7 —40 110 Eapid City 1888 46.3 —34 106 Sioux Falls 1890 44.7 —42 108 Spearfish 1889 46.4 — 30 105 Yankton 1873 46.6 — 34 107 St. Paul 1836 43.9 —41 104 January is the coldest month, though the coldest days are sometime* in December or in February. The average temperature for the state for January is 16.4°. The low- est temperature averages — 33°, although occasionally it gets as low as — 40°, though such temperatures are rare and remain so low for only a few hours, when the air is very still. July is the warmest month, the average temperature for the state being 72^. The highest temperatures are often over .100°, although such temperatures occur only on one or two days, and then for only a few hours in the afternoon. It is very rare that the evenings of even the hottest days are uncomfortably warm ; usually summer nights are delightfully cool. 52 SOUTH DAKOTA, A REPUBLIC OF FRIENDS AVERAGE TEMPEKATUKES. City Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dee Aberdeen .... 10.9 11.1 24.9 44.5 55.8 65.6 71.2 69.0 59.2 45.6 28.5 16.9 Huron 19.5 12.9 26.7 44.6 57.3 66.6 71.5 69.1 59.6 44.7 27.4 15.7 Pierre 17.9 18.1 30.8 47.8 58.1 68.2 74.8 7 3.4 63.6 50.7 33.3 23.8 Rapid City. . . 22.9 22.2 31.1 45.6 54.0 63.7 70.7 70.0 61.2 49.2 35.4 29.4 Yankton .... 16.4 19.2 31.1 47.3 59.2 68.6 73.7 72.2 63.1 50.6 33.9 23.5 St. Paul 11.9 15.4 28.2 45.8 57.7 67.2 72.0 69.7 60.5 48.4 31.0 18.8 Winds. South Dakota lies in the zone of prevailing westerlies. Usually the surface air lying over the state is that which comes from the Rocky mountains, and hence has the dryness and crispness of mountain air. The moisture comes principally from the Gulf of Mexico and Atlantic ocean in the winds which "back in" to the pre- vailing drift of air from west to east across the United States. Cyclones and Anticyclones. As explained in any physical geography, there are two kinds of general dis- turbances in the air of this zone — low pressure storms of warm, damp, rising air, or cyclones, and high pressure storms of cool, dry, descending air, or anticyclones. These are huge eddies in the atmosphere, sometimes cov- ering one-half of the United States, and they always travel toward the east. A glance at any daily weather map of the United States will usually show several such cyclones and anticyclones, the center of the cyclone being marked "low" and that of the anticyclone "high." These storms follow each other with considerable regu- larity, each one taking three or four days to cross over a given place. A few days of warm weather occur, with occasional clouds and showers, while a cyclone is passing over the state, followed by three or four days of the colder, clearer air of the anticyclone. In New England these follow each other more rapidly, making the climate much more changeable than it is here. An occasional long, hot spell in summer is due to a slow movement of a CLIMATE 53 cyclone or to the influence of a second one closely fol- lowing. Tornadoes. The cyclone should not be confused with the tornado, the correct term for the small, violent and destructive storm which sometimes occurs within the area covered by a cyclone. A tornado is a small part of a cyclone and is due to the presence of very moist air and intense heat. Owing to the dryness of South Dakota air, tornadoes are very rare here. Chinook* Winds. These are frequent in the western part of the state, especially in winter. They are hot,f dry winds from the eastern slope of the Rockies. These winds usually occur often enough to keep the western grazing plains free from snow, for the nutritious Buffalo grass makes splendid grazing the year round. The rise in tem- perature when the Chinook winds blow is sometimes very rapid and snow disappears in a few hours. "Firsi a puff of heat, summer-like in comparison with what had existed,. for two weeks, and we run to our instrument shelter to ob- serve Ae temperature. Up goes the mercury, 34° in seven minutes. Now the cattle stop traveling, and with muzzles turned toward the wind low with satisfaction. Weary with two weeks' standing on their feet they lie down in the snow, for they know that their salvation has come; that now their bodies will not freeze to the ground. The temperature has risen to 38°, the great expanse of snow is becoming damp and honeycombed by the hot winds, and we retire satisfied that the ' Chinook ' is a genuine and lasting one. ' ' — A. B. Coe, Monthly Weather Review, November, 1896. Blizzards. The blizzards (snow accompanied by high northerly wind), which sometimes sweep over the Dako- tas, Minnesota, Iowa and many other states, are severe storms which may occur to the east of an anticyclone. * Pronounced shee-nook', the name of a tribe of Indians in Oregon. t Whenever air ascends it expands, and expansion of the air cools it one degree for every 183 feet of ascent. This is the principal cause of rain. Now when a low pressure storm passes along the eastern slope of the Rockies the air flows over them and through the passes from the Pacific coast. As the air flows down the eastern slope it is warmed by- compression just as it was cooled by expansion on the western slope. When vapor changes to liquid, beat is always released. The Chinook wind thus gets its heat in these two ways (a) by compression, and (b) by the release of heat in the upper air during the rain on the western slope. 54 SOUTH DAKOTA, A REPUBLIC OF FRIENDS If there is loose snow on the ground and a strong wind blows, it may become a blinding blizzard, which lasts a day or two, piling the snow in drifts. These blizzards do not occur very often in South Dakota, several winters sometimes passing without a severe one. Modern con- veniences are now so common that the dread of the bliz- zard of pioneer days has almost disappeared; Wind Velocity. There is a common error concerning the winds of the prairie states — a belief that they are more severe than they are in reality. The average rate of winds, as recorded by the United States Weather Bu- reau at Pierre is 9.3 miles per hour ;* at Rapid City, 8.1 ; at Yankton, 8.4; at Huron, 11.6, Comparing these with 11.3 at Minneapolis, 13.2 at New York, 13.6 at Duluth and 17.0 at Chicago, we see that the winds are not so severe or constant as many people believe. The reason why they seem more severe is because of the lack of forests and other wind protection, which as time passes is being over- come. When large groves are found on every farm and each town and city looks from the distance like a forest, the winds will be no more annoying in these prairie states than they are in central United States. Rainfall. It has been thoroughly shown that the aver- age rainfall is enough for farming by modern methods over practically the entire state. As in Iowa, Minnesota, Kansas and other agricultural states, the years with not enough rainfall are rare, and the state is now so pros- perous that an occasional wheat failure does not cause the great loss which occurred in pioneer days, when every- thing depended upon that one crop. Three important facts should be borne in mind in con- nection with rainfall in South Dakota: 1. Our rainy sum- * The instruments are placed as high up In the air as possible, above all buildings and trees. The unusual heights at which they are placed in New York and Chicago partly explain the great velocities there. CLIMATE 55 mers. 2. The saving of the moisture by forests and other plants. 3. Modern diversified farming. Rainy Summers. The rainfall at Yankton averages 26 inches a year; at Naples, Italy, it averages- about 40 inches. If the soil and temperature at Naples are as favorable as at Yankton one might think that conditions for agriculture must be very much better at Naples than at Yankton. But a glance at Fig. 28 shows that Naples has very dry summers, having only two inches in June and July, whereas these are the rainy months at Yank- ton. In June we have more rain in South Dakota than we do all winter long (snow is melted and measured as Fig Rainy summers at Yanltton: dry summers atXaples, Italy. rain), and this is just when we need rain for our growing crops. In winter Naples gets heavy rains, but they arc not valuable for agriculture. They must irrigate in south- ern Italy to get crops. If you know the rainfall of a re- gion you cannot tell whether it is favorable for farming unless you know when the rain falls. A Favorable Comparison. That in South Dakota we have enough rainfall during the growing and ripening months of April, May, June, July and August is shown in a comparison of the average rainfall" for many years dur- ins; these months in a few selected cities of South Da- kota and a few in the rich agricultural portion of the Great Lake region. 56 SOUTH DAKOTA, A REPUBLIC OF FRIENDS City. Years. April. May. June. July. Aug. Total. Centerville 11 1.74 4.35 4.92 4.72 3.48 19.21 Aberdeen 20 3.46 3.79 4.43 3.06 3.12 17.86 Yankton 37 2.94 3.93 4.02 3.77 3.15 17.81 Flandreau 20 2.51 4.23 4.46 2.98 3.35 17.53 Sioux Falls 20 2.52 4.33 4.44 3.11 2.98 17.38 Buffalo, N. Y 77 2.48 3.18 2.99 3.20 2.98 14.83 Detroit, Mich 40 2.21 3.28 3.82 3.49 2.73 15.53 Milwaukee, Wis 40 2.76 3.39 3.62 3.10 2.84 15.71 Erie, Pa 37 2.43 3.54 3.76 3.10 3.11 15.94 Chicago, 111 40 2.72 3.63 3.52 3.62 3.02 16.51 These South Dakota cities have greater rainfall than most places in the state, but the average for the entire state during the five growing months is 14.55 inches, while that of the state of Michigan, right in the midst of the Great Lakes, is only 14.33 inches. South Dakota does not receive as much snow in winter or rain in the fall and spring as Michigan and other states to the east and southeast, but the ground here remains frozen all winter and there is very little evaporation until in the spring. When the moisture which is in the ground in the spring is kept in by cultivation with the disc and harrow, the growing season is just as favorable for splendid crops in South Dakota as in the states having greater winter rains. Year — Chicago Buffalo Yankton Aberdeen Regularity of Rains. — 1890 3.28 5.28 3.59 7.54 Even though our sum- 1891 2.42 1.64 4.97 2.76 mer rains are abundant 1892 10.58 9.52 2.95 5.36 it might be thought 1893 3.59 1.65 3.22 1.29 that dry summers are 1894 1.96 3.45 1.48 4.65 more frequent here than 1895 1.79 1.52 5.69 7.55 in the north central 1896 2.82 1.46 3.28 6.26 states. The rainfall rec- 1897 3.60 1.95 2.49 4.40 ords of the United 1898 5.30 2.14 4.08 0.94 States Weather Bureau 1899 2.71 0.69 2.51 7.14 do not show this to be 1900 2.06 1.22 1.88 1.71 the case. South Dakota 1901 2.42 1.39 6.84 5.82 has no more frequent 1902 8.45 4.20 5.03 3.92 dry summers than the 1903 1.62 3.95 3.35 1.50 states bordering the 1904 0.55 2.83 2.35 5.09 Great Lakes. The 1905 3.27 3.45 3.68 7.40 month of June Is the 1906 1.87 1.77 2.62 2.66 critical one for rainfall. 1907 3.64 1.91 6.08 3.02 A dry June usually 1908 1.48 2.45 5.03 5.20 means a short crop. The 1909 5.09 1.05 5.50 2.77 rainfall for this month l^i?v. ■ ••■■J „°.-®^.i, ^-^k . -^-^^ 3-00 for twenty-one years at The rainfall in the month of June. such widely separated „ , i ^ V, ,1^ . ., cities as Aberdeen and Yankton compare very favorably with similar records for Chicago and Buffalo. Count the number of years when less than two inches of rain fell in each of the cities; when less than three inches fell. CLIMATE 57 Plant Cover. The importance of protection against evaporation is very great. It has been shown that thir- teen inches of water during a year is enough in the hot chmate of California if there is complete protection against evaporation. Forests are of great vahie in keep- ing moisture in the soil by preventing evaporation. There is no evidence that forests increase rainfall, but anyone who has gone into the woods after a rain knows how wet the ground stays for a long time after the prairie has be- come dry. Where there is no forest or plant cover for the soil, more water evaporates and more runs off. Modern Farming. The effect of cultivating the soil in closing the tiny cracks and opening is to prevent evapo- ration. Cultivating the soil cannot possibly increase rain- fall, but it does keep more moisture in the soil, so the effect is just the same. An actual experiment showed that nearly 200 tons of water were saved by cultivation on each acre of land, a saving equal to an inch and three- fourths of rainfall ; and all of this in just one week.*" Examine a wheat field the day following a rain and you will find millions of tiny cracks broken through the crust. These permit much moisture to escape. Because a corn field can be cultivated during the early growing season and a wheat field cannot, corn is much better for saving moisture than wheat. The farmers of South Dakota have learned the im- portance of mixed or diversified farming. When rust seriously injured the wheat crop in some portions of the middle west in 1904, it did comparatively little damage, because corn, oats, barley, speltz, millet and forage crops, stock and dairy interests, were the greatest sources of profit for the farmers and furnished a sure income. Soils and Moisture. It is well known that the different kinds' of soil require different amounts of moisture. * See "The Soil," by F. H. King, publislied by The Macmillan Company. 58 SOUTH DAKOTA, A REPUBLIC OF FRIENDS -•,rHC0^t-C0C0lC00'Mt-Ma>IDt-0i00e0Tt :■] CO r^ [•- 1- '-5 !© CO CO t-^ ■^ o LO in oi o ic o r-( CO M r-i t- o: CD (M LO CI c^i o OOU'3ti.'^'-0:O^CD'ni'*GO-^"*OlOC010L'^t-CDCCi'^COCOt-tr5ir5:Dt-'^ ^rH- 'rA jjcoiooot-ioi-tNio:DtQiodt-oc:(Mi--iOiHiH?i:Dt-coTfcnoi<:DcO'* tj»QOO-^COC^XOjOCDt-t-rHG:cOfOpcDCDOrHClt-'^CDCDCO®'^.iH OrHi-HrHr-i'-I'Hr-iiH'H ' lA "iHTHrHr-irHrHTHC^iH 'rJ^rHrHiHrHDi o*«)O:0O"JMl-'HC:c;~:C000Jr-(THC^C^(n-r-fO-t-Tf01C0r-'t-t-«0 57X M rO i-( m n C: rj* C/D X i-H OC0C0OC:r,ll-C0T-iOOCiHC^C:r-(C0CCiini m^^r^IH^irir-^^^r-^ ' '(^i^-i^-^C^THr-Ir^r-i^-^(^^rHr-ir-I(^^^^ir^T-^^H"l^icO wn^ 3::DCXC1 CO CO 1-- 1-1 irac;t-CDOO I"- CDOeOO'^l-tX'COrHCDh-lOr-t S'th :d ^ -^ Th 1 -t CO i- c!i 0:1 cr: CO :d !--■ t-j I- X t- CO iH o -Tt^ ix^ c: o ira CO iH CD ^ co' r i : ' ; i CO ^i ^' c^ rH r-i CO rH c- i ci.'Dcoc:t-:r".-iiHT-icDt-QOOJiOTticJi-'T-o:i>'j~j :d o ^rt 10 01 c: X o CD CO -:f< CO -t^ to Cj lo CO CO c: CO — c: c. M o -^ CO CO CO rtl-COSiiHCOXGll-OiHLOOl-tTU-Cl'f+rHTPCOT— r--f'-COr-it-lMOiO S:ococ^^^i"^CMoi.^^Tf5oi-1^"coc■^Tioi■^(^^coco"coco<^icocoTfcococococo i;r>C.X)^l-:^OrHZ)l':3D^OiHC^lL010(MrHOOr-it-C0t-CICCI>-0i'*C0 Q-toyDr-ii-xrtL-c: oi':>ooccoi-'i-i-*(NC^o:oc:G:t-.tcc:cD-^o:'* -^ :o ri rH r^ th r-i :-i -i T i oi oi oi r-i oi M ? i N oi oi l^i (ri r-i th i-i c^ 01 M (ivi(N t-i JrHrrOWt'X-t'-r^^XTJi-OClt-L-C-.l-COOOCOCSt-OO'M-^Ot-i-iCB 5j O kO Tf X O O 01 1- O iH tH -f T I 0^ 01 1.0 C' CI' CO (^^ t- iH rH t- Tf< (N Cr. 00 CO 10 ;;^-.^iI-ir^ 'iHrHHr-irHrHTHrHi-HrH 'rHiHrHrHr-ir-Jr-irH 'r-ir^T-i 'iAtA riOOiOioOTt^rHClO^Mt^^iHC^OOSt-XCOXC-nniTXO'tCOlfMOCCCO ■3;" ■J-1(TtHl-COlOTti,. COiHrH I- in-* 00 ■^COCOtH CDt-^lNO CO'rHrH -''Bfo = :5i:i_Ht-': ' a a M o E ■I I?' CLIMATE 59 Clayey soil is best for holding moisture and sandy soil is poorest. Nearly all of the soil of South Dakota is made from fine clay, and thus is the best possible kind to hold and use the water. Total Precipitation. The total precipitation (rain to- gether with snow and sleet melted and treated as rain) each year for the eastern half of the state averages 22 3 inches, and for the western half 17.3 inches. CLIMATE PERMANENT. There is a very widespread belief that the climate of South Dakota is changing, getting warmer and receiv- ing more rain. The weather records, carefully preserved, do not show any such change. The longest reliable records in the state are at Yankton*, extending back to 1873, and for the north central West at St. Paul, Minn., beginning in 1836. Diagram Showing Rainfall and Temperature at Huron. The three years of heaviest rainfall at these stations were as follows : Yankton, 40.95 in., 1881; 37.15 in., 1875; 35.21 in., 1883. St. Paul, 49.69 in., 1849; 39.16 in., 1881; 38.14 in., 1865. The ten-year period having the greatest rainfall was 1865-1874 at St. Paul, averaging 32.32 in.; 1875-1884 at Yankton, averaging 28.64 in. It should not be inferred that rainfall was greater in pioneer * There are a few records at Fort Randall extending as far back as 1857, and at Fort Sisseton from 1866 to 1889, but these records are not complete. 60 SOUTH DAKOTA, A REPUBLIC OF FRIENDS years, excepting for the year mentioned, for the highest five-year period at St. Paul was 1902-1906, averaging 33.54 in.; at Yankton, 1905-1909, averaging 29.06 in. A diagram showing the rainfall and temperature by years shows no general increase or decrease either in heat or moisture. A dia- gram of that of Huron is given here because the records there are the most reliable in the state, all of them having been made by the same government expert, Mr. S. W. Glenn. VERIFICATION. Every weather record in this chapter has been obtained from the United States Weather Bureau. QUESTIONS SEASONS. Name the seasons. Briefly describe each. From the list showing the dates of killing frosts, find the city nearest your home and the average length of true sum.mer weather. TEMPEEATUBES. What is the average annual temperature of the state? Compare the temperatures in the western half with those in the eastern half. From the table find the warmest portion of the state; the coldest. What is the coldest month? What is the average temperature then? What do the lowest temperatures for the state during the month average? For how long at a time do these extreme temperatures prevail? What is the warmest month? What is its average temperature in South Dakota? What is said of extreme temperatures? Note the table showing average temperatures through- out the year. Which city of the list has the warmest January and coolest July? Compare the South Dakota cities with St. Paul. WINDS. In what wind zone is South Dakota? The air over this state has usually come from where? What is the source of the moisture? CYCLONES AND ANTICYCLONES. What kiml of weather does the cyclone bring? The anticyclone f How frequently do they occur? TORNADOES. Describe the tornado. In what kind of a general storm does the tornado occur? Why do they occur so rarely in South Dakota? CHINOOK WINDS. Describe these winds. Of what special value are they in winter, particularly on the western plains? BLIZZARDS. Describe the blizzard. What can you say as to their frequency? Why are they less dreaded than formerly? The "big blizzard'' of October, 1880, is the most famous in the North- west. An immense amount of snow fell and was badly drifted. Nearly all winter no trains could run in the territory. WIND VELOCITY. What common error is there concerning Dakota winds? Compare the government records at South Dakota stations with those at IVIinneapolis and other cities. The high elevation at which the instruments are placed in Chicago and New York in part explains the high velocity there. Why do prairie winds seem more severe than they really are? CLIMATE 61 BAINFALL. Is there enough rainfall for farming in South Dakota? What is the effect of a dry season now as compared with its effects in earlier years? SAINY SUMMEBS. Compare the rainfall at Yankton with that of Naples. Compare conditions for farming in the two regions. What advantage has Yankton as shown in the diagram? A FAVOBABLE COMPABISON. Compare the amount of rainfall during the five growing months at South Dakota cities with those of the cities around the Great Lakes. Compare the average for the state with that for Michigan. What conclusion may we form? BEGULABITY OF BAINS. Compare the frequency of dry sum- mers in South Dakota, at least in the eastern half, with that of the Great Lakes states. Which is the critical month for rains? Less than two inches of rainfall in June usually has what effect on the crops? How many such dry months are shown in the table for Chicago? Buffalo? New York? Aberdeen? Yankton? PLANT COVEE. What can you say as to the importance of preventing evaporation? What is the great value of groves and forests? MODEBN DIVEBSIFIED FABMING. What is the effect of culti- vating the soil upon evaporation? Show that the effect is the same as if it increased rainfall. Show the importance of mixed farming. SOILS AND MOISTUBE. Discuss tlie ability of different kinds of soils to retain moisture. What kind of soil covers nine-tentha of South Dakota? What is the average annual precipitation for the eastern half of the state? For the western half? From the table find the city nearest your home and make a diagram showing the rainfall by months. CLIMATE PEBMANENT. What can you say as to the perma- nency of climate? What do the weather records at Yankton and St. Paul show? Study Figure 20. The temperature and precipita- tion lines are higher some years and lower other years, but does that diagram show any tendency for them to continue to move either higher or lower? VEBIFICATION. From what authority have the records of this chapter been obtained. EXEBCISES. From the table showing precipitation find the city nearest your home. Make a diagram showing the average rainfall by months. At a great many places in the st^e there are co-operative observers of the United States Weather Bureau If there is one near where you live you can get temperature and rainfall stal'iSties from him. CHAPTER IV INDUSTRIES AND INSTITUTIONS Pioneer Privations and Present Prosperity. Looking over old files of newspapers, published between 1860 and 1880, one will find such topi-'s as "Famine in Kansas," "Failures in Dakota," and "The Poor Farmer of the Northwest." Those pioneer days of the dugout, and of lonesomeness and suffering, are now happily in the past, and no parts of the world enjoy such a steady prosperity as these rich agricultural north central states. As already stated. South Dakota for years has been, according to population, the richest state in the Union and each year produces the most new wealth. In our sudy of the surface of South Dakota, we noticed the clays of the glacial drift east of the Missouri river and the fine mud deposits in an- cient shallow seas to the west. When covered with vegetable mould these make the richest soils known. In the chapter on climate we noticed the abundance of rain during the growing months. The combination of the fertile soil and favorable climate and an industrious and thrifty class of people explains why this is the "Land of Plenty." 62 8 £ o o 2 CO o o 2 in o 2 VO o § 23 g 2 o 2 £ 80 _2 70 ^ 60 C^ 50 g 40 ::: 30 V 2° ^ 10 / / / / / ^ y y ~ _ Pig. 29. Bank Deposits ,in Soutli Dal5ota. Note tlie steady increases. INDUSTRIES AND INSTITUTIONS 63 NEW WEALTH PRODUCED IN SOUTH DAKOTA, 1900-1910. 1900 $106,500,000 1901 113.652,750 1902 119,949,000 19.03 136,124,000 1904 116,792,000 1905 126,680,261 1900 145,821,831 1907 160,232,344 1908 185,4.34,430 1909 202,362,000 1910 181,188,000 One of the best possible evidences of the steady growth in prosperity is the amount of money deposited in the banks of the state. Note the increase from year to year. o o en o 9 CM O a o o 2 in O 2 ID O 2 o 2! 10 o 2 01 o 2 o 2 210 „ 200 £l90 "1 180 = 170 Ql60 150 gwo ^ 130 5 120 X 110 100 / N / \ 1 ' / r\ , 1 \ / / BANK DEPOSITS IN SOUTH DAKOTA, 1900-1910. 1900 $14,733,000 1901 19,194,500 1902 29,422,500 1903 30,611,100 1904 28,607,300 1905 34,759,700 1906 45,046,200 1907 57,769,900 1908 68,833,000 1909 78,830,000 1910 87,784,000 Corn is King. Corn is the principal crop of the United States and also of South Da- kota. Most of the corn produced in this state is raised in the southeastern part, though it is successfully grown in every portion. "In a report of the United States Department of Agri- culture issued Novembiir 8, 1909, South Dakota's yield of corn per acre is shown to be two-tenths of a bushel greater than that of Iowa. South Dakota stands second among all the great corn states in the amount of yield per acre, a fact that signifies much when one considers Fig. 30. The value of new wealth produced in South Da- kota. 64 SOUTH DAKOTA, A REPUBLIC OF FRIENDS that lands in the older corn states are under a high state of cultivation, while in South Dakota much of the farm- ing land is newly broken and a considerable amount of corn is raised upon sod ground. "Compared with other states, South Dakota raises more corn than Minnesota, more than Michigan, and twenty-five times as much as North Dakota. She pro- duces more than all the New England states combined with New York, North Dakota, New Jersey, Delaware, Montana, Utah, Washington, Oregon, California, Colo- rado and Wyoming. The total production of corn in all these states combined was 143,000 bushels less than in South Dakota alone. "The average yield of corn per acre in 1908 was 2.7 bushels more in South Dakota than it was in Nebraska; 2.7 bushels more than in Missouri ; 7.7 bushels more than in Kansas ; 4 bushels more than in Texas ; and 4.9 bushels more than in Oklahoma. The rich soil of South Dakota can produce, and in time will produce, more corn than any other state in the Union." COMN PALACE. At Mitchell there is maintained a fair each year in a "Corn Palace," a large structure completely covered with corn, arranged in the form of pictures and emblems. It most beautifully testifies to the abundance of this product in South Dakota. Name some of the uses and varieties of corn. "What is considered a good yield in your county? Explain the advantages of frequent cultivation of corn. The Bread Basket of America. This is the name which has been applied to the great wheat raising states of Minnesota, South Dakota, and North Dakota. In the pioneer days wheat was almost the only crop raised, and it ranks second to corn today. South Dakota ranks second among the spring wheat growing states (census of 1910). The quality of wheat produced is very high and the yield per acre among the highest in the United States. What are the principal varieties of wheat raised in South ^-^jmsmm' Fig. 31. A South Dakota Cornfield. Fig. 32. Range Steers Shipped From Belle Fourche. They were grass fed only, but topped Chi- cago market for the year, .up to the time they were sold, in Sep- tember, 1909. Fig. 33. Plowing Scene in South Dakota. Eighty acres per day is fair average for these two steam outfits. Fig. 3 4. Artesian Well on the "Powers Farm," Edmunds County. Fig. 3 5. Corn Palace, Mitchell. Fig. 3 7. Vegetables of all kinds do well in South Dakota. The pumpkins shown in this picture were grown in Butte County, near Belle Fourche. Fig. 36. Every village is a great grain shipping center. Line of grain elevators at Avon, INDUSTRIES AND INSTITUTIONS 67 Dakota? Distinguish between winter and spring wheat. Which is raised in your vicinity? Hay, oats, barley, flax, potatoes, speltz, and rye are other crops in the usual order of their value. The kinds of hay most commonly used are the native wild grasses, bromus (a bunch grass obtained from Russia), timothy, and clover. Alfalfa, a kind of clover, is beginning to be raised in great quantities. It has a great variety of uses, for beef and dairy cattle, horses, hogs, and sheep, and the bees make honey from its blossoms. Live Stock. The native Buffalo grass is very nutritious and when it dries in the latter part of summer and early fall it "cures" naturally and makes excellent hay. Most grass if not cut at the right time withers and has little value. The native prairie grass may be cut until the snow flies, and cattle, horses, and sheep graze all winter and thrive with no other feed. It was these favorable conditions which early made the Dakota prairies famous for herding. While the farmer has gradually crowded the cowboy to the more western plains, the value of the live stock raised each year is greater than that of corn. Better grades of live stock have been introduced, and it is a very common thing for South Dakota cattle and hogs to "top the market" at Chicago and other stockyard cen- ters. Dairying constitutes a very important source of wealth, yielding a steady and sure income. Minerals. The Black Hills region is rich in many kinds of ores, especially gold. Many mines are operated with great success, the most famous one being the Homestake mine at the city of Lead. At this mine the gold ore is taken from open surface pits and also from underneath the surface. It is then pounded to fine powder under "stamps" and washed over pans covered with mercury. The mercury retains most of the gold, which is after- ward separated from the mercury by distillation (heating 68 SOUTH DAKOTA, A REPUBLIC OF FRIENDS until the mercury evaporates). About three-fourths of the gold from the Homestake ore is thus obtained. The ore is then washed down to great tanks in which a chemical called cyanide of potassium is poured, and this dissolves nearly all of the gold which escapes the mer- cury plates. A further treatment called the "sliming process" is also given the ore under water pressure to recover the very small proportion of gold which is still left in it. Several thousand men are employed in this great mine. Silver, mica, lead, spodumene (used in making lithia salts), tungsten (used for hardening steel and alumi- num), tin, copper, iron, manganese (used to increase the hardness of steel), graphite (used in pencils), and other rare and valuable minerals are also found in this region. The mica industry at Custer is said to be one of the most extensive in the United States. Very valuable beds of gypsum (used in making cement and plaster) are found in the "red valley," especially at Hot Springs. Onyx, agates, garnets, and other valuable gems are also found in the Hills. Many valuable building stones are found in this re- gion, marble, limestone, and sandstone being the most important. In the southeastern part of the state, espe- cially at Dell Rapids and Sioux Falls, is found a beautiful pink quartzite. This is a building stone that resembles in appearance granite and is very hard and durable. The "Niobrara" chalkstone, which is found in abun- dance from Chamberlain to Yankton, makes a very high grade of portland cement. At a great many places in the state there is clay suitable for making brick. There are somewhat extensive coal deposits, principally lignite, in the northwestern portion of the state, but as yet they are worked only for local uses. Eggs and Poultry. People do not usually appreciate INDUSTRIES AND INSTITUTIONS 69 the immense value of these products. Several million dollars' worth are produced each -year in this state, — another sure and steady source of wealth. Natural Gas. In many places the artesian water has natural gas in it, and by means of a tank this is separated and used for fuel and light. It is used most extensively at Pierre. People. The early settlers of South Dakota came from other northern states, principally from Iowa, Wisconsin, Illinois, and Minnesota, and from northern Europe. The proportion of foreign born persons is between fifteen and twenty per cent. About one-half of our population have foreign born parents ; most of them came to this country from Norway, Germany, Russia, Sweden, Canada, and Denmark, though many other countries are represented. Few came to South Dakota from the ranks of the very rich or the very poor, practically all being of the well-to-do, industrious, enterprising, healthy pioneer type. It is this class of God-fearing, earnest, and pro- gressive people that makes up the citizenship of the state today. A Law-abiding Citizenship. The census shows that one-third of our people were born in this state but that less than one-thirtieth of our criminals come from these native sons and daughters. This clearly shows the char- acter of the people who make up the life and progress of South Dakota. This fact also contains a bright prophecy of an increasingly better future. Our criminal class is very small, but the great majority of those we do have are from the people who "drift" into the state. Farm Life. Life on the farm in years gone by was usually one of unending toil and had few comforts. This has all changed. With rural routes bringing the daily mail, and telephones throughout the country, the farmer no longer lives aoart from the world. Prosperous times 70 SOUTH DAKOTA, A REPUBLIC OF FRIENDS have brought labor-saving machinery, automobiles and good driving horses, comfortable houses with modern conveniences, and the farmer has nearly every advantage of the city dweller, with none of the noise, discomfort and high taxes of crowded cities. Thousands of farmers of South Dakota have artesian wells, furnishing an abun- dance of wholesome water under pressure so that they may pipe their houses and barns, and many run motors which generate electricity to furnish a flood of light in the house, yard, and barn. To be sure, there is hard work to be done, but this is true of every occupation if one would be successful. There is no place where there is a better opportunity to apply intelligence and education than on the farm. Cities South Dakota is an agricultural state and its farms will always be its greatest source of wealth and pros- perity. At the railroad centers thriving cities are grow- ing as trading points. The three largest ones have all modern improvements, such as street cars and paved streets, and all have electric lights and watei wo.rks, good schools, and many churches. A few of the largest cities are mentioned here and those where important institutions are located. The population of every city, town, and village in the state is given in the Appendix. Sioux Falls. This is the metropolis of the state, located at the rapids of the Big Sioux river. It is noted as a manufacturing and railroad center. Some quarrying is done in the beds of quartzite found here. Sioux Falls College (Baptist), All Saints School (Episcopal), and the Lutheran Normal School are located here. It is also the seat of an orphans home, the state >cliool lor deaf mutes, and the state penitentiarj- Aberdeen. This 's another growing and prospcTous INDUSTRIES AND INSTITUTIONS 71 railroad and shipping center, having many industries. It is the seat of the Northern Normal and Industrial School, maintained by the state. The United States government has its internal revenue office here, for the collection of taxes on the manufacture and sale of liquor and the manufacture of tobacco in the Dakotas. Lead. This city gets its name from the miner's term lead (pronounced leed), or lode, which means a vein of ore. It is well named, for all around and under the city are vast gold ore deposits. The famous Homestake gold mine is located here, the greatest of its kind in the world. The wonderful ore deposits have made Lead the metropolis of the Black Hills. Deadwood. This is the county seat of Lawrence county and the second most important Black Hills city. It is one of the oldest cities of the region and was famous in pioneer mining days. Its prosperity is based largely upon the mining done in the vicinity and its situation as a trading center. A United States assay office is located here, to which gold and silver bullion may be taken for tests as to purity. Rapid City. This city is often called the "gateway to the Hills," as it is located at the natural and easy entrance into that mountainous country. It is the seat of the state school of mines, which has a national reputation because of the splendid location near a great variety of ores and because of the high grade of work done. The United States has established a large Indian school and a Weather Bureau station at Rapid City. Altitude, 3,196 feet. Spearfish. This is another beautiful Hills city just outside the canyon of Spearfish river, where the finest scenery of the region is found. A large state normal school is located here. The United States has estab- lished a fish hatchery at this place, especially for the 72 SOUTH DAKOTA, A REPUBLIC OF FRIENDS culture of trout. This region is famous for its fruits, apples, and berries. Altitude, 3,647 feet. Sturgis. This is a trading point for a great grazing region. Fort Meade, a United States cavalry post, is located just outside the city. Bear Butte, six miles north- east of Sturgis, is an isolated peak of porphyry 4,422 feet high, one of the most prominent landmarks of the state. Hot Springs. This is' a health resort of national fame. It receives its name from the springs of warm water which are found here. The state soldiers' home is located here, and also a national home for soldiers. A few miles from Hot Springs is the famous Wind Cave, set apart as a national park. This cave is a thousand or more feet deep and many miles long. It was caused by an ancient geyser. Altitude of Hot Springs, 3,450 feet. Custer. This is the oldest town in western South Dakota. Gold was first discovered here in 1874. Near by is Sylvan Lake, a famous mountain health and pleas- ure resort; and just beyond this is Harney Peak, the highest point in the state, 7,244 feet high. The climate is so admirably adapted to the cure of consumption that a tuberculosis sanitarium has been established here by the state. It is maintained at public expense. The altitude of Custer is 5,322 feet. Watertown. The fourth largest city of the state is a prosperous railway and distributing center for a rich agricultural section. Four miles from the city is Lake Kampeska, a popular chautauqua and summer resort. Altitude, 1,735 feet. Mitchell. This is the second largest city of the James River Valley. It is the seat of Dakota Wesleyan Univer- sity (Methodist Episcopal). Altitude, 1,292 feet. Huron. This is an important point on the Chicago & Northwestern railway. It is the seat of Huron College (Presbyterian). The United States has maintained a INDUSTRIES AND INSTITUTIONS 73 Weather Bureau station here since 1881. Altitude, 1,285 feet. The state fair is held each year at Huron. Yankton. Yankton is called the "Mother City of Dakota" because it was so prominent in the early history of the territory, being the capital from 1861 to 1883. Large portland cement works are located here. It is the seat of Yankton College (Congregational). The state asylum for the insane is located near the city. A United States Weather Bureau station is maintained here. Altitude, 1,206 feet. Brookings. This is the seat of the State College of Agriculture and Mechanic Arts. The boys and girls living on South Dakota farms should learn of the work of this splendid school, maintained in part by the state and in part by the United States, to train for the farm and shop; and this is excellent training for any kind of life. Madison. The oldest state normal school in the Dakotas is located here. General Beadle was its presi- dent for many years. Altitude, 1,663 feet. A chautauqua assembly is held annually at Lake Madison. Pierre. The capital of the state is located on beautiful terraces of the Missouri river. It is an important stock shipping point. The United States has established here an Indian school, a Weather Bureau station, and a land office. The new capitol building is a beautiful structure. Altitude of the river here, 1,440 feet. Fort Pierre. This city across the river from Pierre is an excellent business center. Canton. This city is twenty miles south of Sioux Falls. Augustana College (Lutheran) is located here, and a mile to the east is the only asylum for insane Indians in the United States. An annual chautauqua is held in a beauti- ful park on the Big Sioux river. Vermillion. This is the seat of our state university. 74 SOUTH DAKOTA, A REPUBLIC OF FRIENDS Colleges of arts and sciences, law, medicine, engineering, music, and commerce are maintained. The professor of geology is the state geologist. Altitude, 1,150 feet. Redfield. This city is the seat of Redfield College (Congregational). The northern hospital for the insane (a school for feeble-minded) is located near the city. Altitude, 1,300 feet. Springfield. The third state normal school was located here. It is beautifully situated on the banks of the Mis- souri river. Altitude, 1,234 feet. Plankinton. The state training school for juvenile offenders is located here. Its purpose is to reform the evil habits and tendencies of the young criminals com- mitted to the school. Altitude, 1,528 feet. Educational Institutions In chapter XVI we shall make a study of the public school system, embracing the common school of the first eight grades, the high school or next four grades, and the higher educational institutions. One of the main purposes of the teacher is to help the pupil to make the most of himself, to lay deep and broad the foundations for life. A test of the success of any teacher is the number of young people who are inspired to continue their education in some higher institutions. There is probably no state in the Union and no other portion of the world ivhich has so many higher educational insti- tutions in proportion to popnlatibn as South Dakota. Every boy and girl in this state should know of these educational centers. The teacher's desk or school library should contain catalogues from the pnncipal higher institutions. Fig. 3 9. State University, Vermillion. Fig. 40. State College, Brookings. i r a^ mk 1 1 J^.n i Ficr 41 Statp SrVinnl nf Minpi Rapid City. Fig. 42. State Normal School, Springfield. Fig. 43. State Normal School, Spearfish. Fig. 44. State Normal School, Madison. Fig. 45. Northern Normal and Industrial School, Aberdeen. M IHHjlHHnHRj^^HB^lJ^^^^ ******* Fig. 46. Huron College. Fig. 47. Yankton College. Fig. 48. Dakota Wesleyan University. Mitchell. Fig. 49. Redfield College. Fig. 50. Sioux Falls College. Fig. 51. Augustana College, Canton. INDUSTRIES AND INSTITUTIONS 79 THE BEST SCHOOLS IN THE WORLD FOR THE YOUNG PEOPLE OF SOUTH DAKOTA Maintained by the State University of South Dakota, Vermillion; president, Franklin B. Gault. State College of Agriculture and Mechanic Arts, Brookings; president, Robert L. Slagle. State School of Mines, Rapid City; president, Cleophas C. O'Harra. State Normal School, Madison ; president, John W. Heston. State Normal School, Spearfish ; president, Fayette L. Cook. State Normal School, Springfield ; president, Gustav G. Wenzlafjf. Northern Normal and Industrial School, Aberdeen; president, George W. Nash. Maintained by Churches Yankton College (Congregational), Yankton; presi- dent, Henry K. Warren. Sioux Falls College (Baptist), Sioux Falls; president, Edward F. Jorden. Huron College (Presbyterian), Huron; president, C. H. French. Dakota Wesleyan University (Methodist Episcopal), Mitchell ; president, Samuel F. Kerfoot. Redfield College (Congregational), Redfield; president, Noah C. Hirschy. All Saints' School '(Episcopalian), Sioux Falls; Miss Helen Peabody. The following schools do school work a year or more beyond the high school : Lutheran Normal School (Scan- dinavian Lutheran), Sioux Falls; Augustana College 80 SOUTH DAKOTA, A REPUBLIC OF FRIENDS (Scandinavian Lutheran), Canton; Ward Academy (Con- gregational), Academy; Columbus College (Catholic), Chamberlain; Mennonite College, Freeman; Wessing- ton Springs Seminary (Free ■ Methodist), Wessington Springs ; and Eureka College (German Lutheran), Eureka. QUESTIONS. FIONEEE FBIFATIONS AND PEESENT PBOSPEBITY. Com- pare life in pioneer days with life today. "What two conditions form the basis of prosperity? What do the records show as to the amount of wealth produced from 1900 to 1910? What do the sums deposited in banks in various years show? Compare the amount in 1900 with that in 1910. CORN IS KING. Tell what you can concerning the production of corn in South Dakota. How does the average yield per acre compare with other states? Tell about the corn palace at Mitchell. TEE BBEAD BASKET OF AMERICA. Tell about the production of wheat in South Dakota. Name the other principal crops. What kinds of hay are produced? For what is alfalfa used? LIVE STOCK. Describe the native prairie grass. What is said of the value of the live stock produced in South Dakota each year? The grades? Of dairying? EGGS AND FOULTBT. What is the value of these products? MINEBALS. Tell what you can of the Sioux Falls quartzite. Of the Niobrara chalkstone. Of brick making. NATUBAL GAS. Where in South Dakota is this found? How obtained? FABM LIFE. Compare life of today with that of times past. What advantages have cities over the country; the country over the city? ^hat are some of the modern conveniences of the South Dakota farmer? CITIES. What causes cities to develop? What modern conve- niences do the three largest cities of the state possess? The other cities? As each city is taken up, the pupil should be able to locate it on an outline map of the state. Pupils should readily name and locate every city having a higher educational institution or stato charitable or penal institution. The population of a few, at least, should be known. A blackboard map having the county lines painted in white will prove very helpful and save much time. A pupil should be able to sketch rapidly upon the blackboard an outline of the state, locate the rivers. Black Hills, principal cities, etc. Some teachers require every pupil to be able to draw from memory a map of the state, showing every county and its county seat. To learn to do this takes a great deal of time which, perhaps, could be better spent in learning more important and more useful things. INDUSTRIES AMD INSTITUTIONS 81 IMAGINARY JOURNEYS. A splendid exercise is the taking of imaginary journeys to important cities, giving railroads, towns passed through, distances, things seen, etc. The use of railway folders and county maps will be found very helpful. For example, a pupil might take an imaginary visit (an actual one would be vastly better, of course) to the state university. From a railway folder he could learn the time he would take the train, where cars would be changed, and when he would arrive at Vermillion. From the catalogue of the school he could get much information about the buildings, grounds, president and professors, courses of study, and other matters of interest. L. r / * \ t 1/ 3) ^L.^_«__^5^ MOUNTAIN Tine Fig. 62. Diagram Showing, the Legal Division of Time in South Dakota. CHAPTER V THE BIRTH OF A REPUBLIC ' ' The congress shall have power to dispose of and make all needfvl rules and regulations respecting the territory and other property of the United States." "New States may he admitted by ihe congress into this Union." — Constitution of the United States. Colonial Period. After the discovery of America by Columbus in 1492 Spain claimed all of North America. Gradually she was compelled to give the region east of the Appalachians to 'xe England, and the Mis- sissippi and St. Law- rence basins to France. As a result of the French and In- dian war of 1756 to 1763, France gave up all claims to this con- tinent, save two little fishing islands. She. gave Louisiana to Spain in 1762 and Canada and the Northwest territory to England in 1763. In 1800 Spain gave Louisiana back to France, and the United States bought it in 1803 from Napoleon, who then was ruling France. 82 Fig. 53. The Louisiana Purchase. "Near- ly all of South Dakota was a part of the Louisiana Purchase of 1803, the remainder heing In the Red river valley, acquired from Great Britain in 1818." THE BIRTH OF A REPUBLIC 83 Louisiana Purchase. The great tract of land pur- chased from France in 1803 included all the land drained by western branches of the Mississippi. Nearly all of what is now South Dakota was a part of the Louisiana purchase. The northeastern part of Roberts county is drained into Lake Traverse, and this is drained into Hudson Bay, so it was not included in the Louisiana purchase. In 1818, by a treaty with Great Britain, the 49th parallel was made the northern boundary of this region. We thus acquired the famous Red River valley. The Louisiana Purchase was divided by Congress into the terri- tory of Orleans (the present area of Louisiana) and the "District" of Louisiana. In 1805 this district was made a territory and gov- erned by a governor and three judges appointed by the Presiderit. Missouri Territory. In 1812 congress provided that the territory of Orleans should become the state of Louisiana and the territory of Louisiana should be called the territory of Missouri. The people living in the terri- tory were given the right to elect a legislature and to make laws subject to the approval of congress. Until 1834 what is now South Dakota was in Missouri territory. Michigan Territory. In 1834 congress created the territory of Michigan and made it include what is now Michigan, Wisconsin, Iowa, Minnesota, and the portion of the Dakotas east of the Missouri and White Earth rivers. What is now South Dakota was then partly in Michigan territory and partly in Missouri territory. Wisconsin Territory. In two more years, that is, in 1836, Michigan was given its present boundaries and the remainder of the area comprised Wisconsin territory. What is now South Dakota was for the next two years, 1836-8, partly in Wisconsin territory and partly in Mis- souri territory. Iowa Territory. In 1838 congress gave Wisconsin its 84 SOUTH DAKOTA, A REPUBLIC OF FRIENDS present boundaries and created the territory of Jowa out of the remainder of its area. In what two territories was the region which is now called South Dakota? Minnesota Territory. In 1849 congress created Minne- sota territory, to comprise the region left after Iowa was admitted as a state in 1846. In what two territories did our present state then lie? Nebraska Territory. In 1854 congress created Nebraska territory west of the Missouri river. What is now South Dakota was then partly in Minnesota territory and partly in Nebraska territory. Land of the Dacotahs. In 1858 the state of Min- nesota was admitted by congress, and no provi- sion was made for the government of the re- gion between the west- ern boundary line of Minnesota and the Mis- souri river. This coun- try was then called the "Land of the Dacotahs." From 1858 to 1861 this condition prevailed, and during this time the people living in this region took the affairs of government into their own hands. Lewis and Clark Expedition. Before we continue the account of the steps which led to the establishment of this "Republic of Friends," let us briefly study the main facts concerning the coming of the white man to this region. In 1803 the United States purchased the great stretch of country known as Louisiana. There was much opposition to this purchase, and congress and President Jefferson were very anxious to find out what sort of Fig. 54. Land of the Dacotahs "left with out any government from 1858 to 1861." THE BIRTH OF A REPUBLIC 85 country it was. Arrangements were made for an explor- ing party to examine the region and give a report of it. To head this expedition Jefferson chose Meriweather Lewis, a kinsman of his and former private secretary, and William Clark, a younger brother of the famous John Rogers Clark, who rescued the Northwest Territory from England during the Revolutionary war. With abundant provisions the party left St. Louis in May, 1804, traveled up the Missouri river to its headwaters, then over the Rocky mountains and down the Columbia river to the Pacific ocean. The trip there and back occupied two years, and the story of their ex- periences with the Indians is a most interesting one. They passed through what is now South Dakota in the latter part of the summer of 1804 and found two or three white traders in an Indian village near the mouth of the Grand river. This country had all been traveled over by French traders before this and French and Indian names given to many places. Early Trading Posts. Trading posts were established along the Missouri, Big Sioux, -and James rivers, the iirst permanent one being at the mouth of the Bad (or Teton) river about 1817. Fort Tecumseh was built a short dis- tance to the north of this, and owing to the unfavorable situation a new fort was built near by in 1831-2. When it was completed, in 1832, Pierre Chouteau, Jr., a promi- nent fur trader of St. Louis, made a trip up the Missouri river in a steamboat made especially for Missouri river trade. Upon his arrival the new fort was named, in his honor. Fort Pierre. The city of Fort Pierre has grown up in the vicinity. An Indian Country. Until 1851 all of what is now South Dakota belonged to the Indians. The history until this date is filled with accounts of rivalry among fur traders, wars among the Indians, and occasional blood- shed between whites and Indians. Their connection with the South Dakota of today is so remote, however, that we must pass on to the period of establishing homes and civilized life on these plains. First Indian Cession. It will be remembered that Minnesota territory, created by congress in 1849, ex- 86 SOUTH DAKOTA, A REPUBLIC OF FRIENDS tended from Wisconsin to the Missouri river. In 1851 Governor Ramsey and a federal officer made a treaty with the Wahpeton and Sisseton Indians whereby they gave up their claim to "all lands east of the Sioux Wood and Big Sioux rivers and. Lake Traverse to the Missis- sippi river, excepting a reservation 100 miles long by 20 miles wide on the headwaters of the Minnesota river." Territorial Plans. When there was talk of the admis- sion of Minnesota as a state, prominent politicians in St. Paul conceived the idea of making the western boun- dary of the state somewhere east of the Big Sioux river, leaving a strip of land open to settlement which they might occupy and have created into a territory for their own benefit. Accordingly, the Dakota Land Company of St. Paul was formed and in 1857 settlements were made in several places in the vicinity of Sioux Falls. Another land company, known as the Western Land Company, was formed at Dubuque, Iowa, at about the same time and sent settlers to the same region. The Iowa people arrived first and took possession of the lower falls of the present site of the city of Sioux Falls, where they erected a saw mill. This region was at that time in Dakota county, an immense county extending from St. Paul to Yankton. The governor of Minnesota territory then created a new county of this Big Sioux region, calling it Big Sioux county. Minnesota became a state in 1858, making its western boundary not at the Big Sioux river but at a line due south of the outlet of Big Stone Lake, leaving the "Dacotah" land outside of any state or territory. Government Established but Not Recognized. Tht people of Big Sioux county at once proceeded to organize a territorial government as they had planned all along. Alpheus G. Fuller, of the Dakota Land Company, was chosen delegate to congress, getting his certifica':e of THE BIRTH OF A REPUBLIC 87 election from the county commissioners. A legislature was elected, which met at Sioux Falls and adopted the laws of Minnesota and chose Henry Masters governor. Congress refused to recognize this government. The people, however, continued their government, choosing a new legislature the next year and electing Jefferson P. Kidder as delegate to congress and Wilmot W. Brook- ings as governor. In 1858, Medary, one of the settle- ments north of Sioux Falls, named after the last terri- torial governor of Minnesota, was burned by Yankton Indians and the settlers driven out. Before many more years had passed the other settlements in this valley, including Sioux Falls, were abandoned because of war- like activities of the Sioux. Permanent settlements, however, were made here after the Civil war was over. Second Indian Cession. Once more we must notice the year 1858. It was in this year that a treaty was made with the Yankton Indians, opening for settlement the splendid region between the Big Sioux river and the Missouri as far north as Pierre, reserving a tract for the Indians in what is now Charles Mix county. This treaty was brought about largely through the influence of Captain J. B. S. Todd, T. Brugnier, and C. F. Picotte. In July of the next year, A. H. Redfield, agent for the Yanktons, arrived in a steamboat with a cargo of provi- sions for them. He arrived at Yankton just in time to prevent trouble on the part of some Indians who were dissatisfied with the treaty. The Indians speedily fol- lowed him to the reservation. Permanent Settlement. With the year 1859 begins the permanent settlement of families in what is now South Dakota, and here we commence the history of this white "Republic of Friends." Hundreds of settlers hurried over the Missouri river from Nebraska the very day the Indians swarmed to the reservation, following agent 88 SOUTH DAKOTA, A REPUBLIC OF FRIENDS Redfield with his boat-load of provisions. Towns were started at Vermillion, Yankton, and Bon Homme. The next year the first school house, a small log building, was erected at Bon Homme. In 1860 log churches were built at Vermillion and Yankton. In the meantime the rival settlements on the Big Sioux were carrying on a territorial government, though they had no legal powers whatever. The later settlements along the Missouri now took up the agitation for a terri- torial government, with better success. ' ' These pioneers on the 8th of November, 1859, assembled in mass convention to petition congress for a territorial organization. A memorial was drafted and signed by the citizens of the territory, ■which was conveyed to Washington by J. B. S. Todd calling the at- tention of the government to our situation. But the government appears to have loolied with more surprise than compassion on these early political freaks of Dakotans. The session passed, congress adjourned, and amid the tumultuous preparation for a presidential election and the muttering thunders of a rising rebellion, Dakota was left ungoverned and unorganized^ "Not to be discouraged by this partial failure, the pioneers as- sembled again in mass convention at Yankton, December 27, 1860, and again on January 15, 1861, and prepared an earnest and lengthy memorial to congress, which was signed by 578 citizens and forwarded to the speaker of the house and the president of the senate. Again a cloud hung dark over Dakota's prayer. A new president had been elected — the old power was retiring, a new one advancing — and the rebellion which but the year before was muttering in smothered tones, had now burst forth in all its fury, and was bearing upon its mad- dening waves seven revolted states of the Union. But through the gathering darkness a ray of light was seen. The old power could organize, the new one appoint, and on the second day of March, 1861, President Buchanan approved the bill giving to Dakota a territorial government. "The news did not reach Yankton until the thirteenth of the month, and on that night hats, hurrahs and town lots 'went up' to greet the dawning future of the Great Northwest." — The Early Empire Builders of the Great West, by Moses K. Armstrong. Dakota Territory. On March 2, 1861, President Buchanan signed an act of congress providing for the government of Dakota territory. A vast country was included, embracing what is now the Dakotas, Montana, and a portion of Idaho and Wyoming. The southern THE BIRTH OF A REPUBLIC Fig. 55. Dakota Territory from 1861 to 1863. boundary was the 43d parallel to where it intersects the Keya Paha river ; down that stream to the Niobrara river ; down that stream to the Missouri river ; then down the Missouri to the mouth of the Big Sioux river. In 1882 this boundary was changed by giv- ing Nebraska the small area south of the 43d parallel and north of the Keya Paha and Niobrara rivers (see Fig. 56). Early Government. Congress provided for the govern- ment of the territory and set aside sections 16 and 36 in every township for school purposes. In accordance with the act of congress, President Lincoln appointed the fol- lowing officers : Governor, William Jayne of Illinois ; Secretary, John Hutchinson of Minnesota ; United States Attorney, Wil- liam E. Gleason of Maryland ; United States Marshal, William F. Schafifer; Surveyor-General, George D. Hill of Michigan; Chief Justice, Philemon Bliss of Ohio; As- sociate Justices, S. P. Williston of Pennsylvania, and J. S. Williams of Tennessee. The First Legislature. The governor made Yankton the temporary capital and called an election to choose a legislature and delegate to congress. Captain J. B. S. Todd was elected delegate. The first legislature was small, consisting of a council of nine members and a house of representatives of thirteen members. It met March 17, 1862, and among the laws passed were the location of the capital at Yankton, where it remained until 1883; the territorial university at Vermillion (no buildings 'JO SOUTH DAKOTA, A REPUBLIC OF FRIENDS were erected until 1882),, and penitentiary^ at Bon Homme.* While those were the very early days of civilized life in Dakota, it is interesting to note that this legislature incorporated "The Old Settlers' Historical Association." Government O r - ganized. The jus- tices of the territo- rial supreme court (later increased to five) also acted as ■judges in the district courts, trying cases in the different coun- ties. County gov- ernments were or- ganized, school dis- tricts were created, and towns and cities organized their local government on the same general plan as today. Division of the Territory. The area embraced in Dakota territory was too large, so in two years, in 1863, congress created the territory of Idaho, embracing the present states of Montana and Wyoming. The next year Montana territory was created and Wyoming was again attached to Dakota. In 1868 Wyoming territory was created and our present western boundary became per- manent (see Fig. 56). What is that boundary line? As already stated, in 1882 the present southern boundary was established. What is that boundary line? Fie. .50. Dakota Territory from 1863 to 1864 and from 1868 to tSS'.l. The Kcya T'aha and Niobrara rivers formed a portion of tlie soutliern boundaries until 1882. • In 1881 the territorial legislature located the penitentiary at Sioux Falls. Buildings were ei'ccted the following year and twenty-nine prisoners talien from Detroit, Wich., and placed therein. fig. 5 8. First Territorial Supreme Court. Gen. W. H. H. Beadle. Fig. 60. The Old Governor Faulk House at Yankton, Built in 1866. Fig. 61. The Famous School House at Vermillion, Built 1864. THE BIRTH OF A REPUBLIC 95 Attempts at Further Division. The territory was still too large;, and attempts were made to subdivide on the 46th parallel. In 1871, 1872, 1874, and 1877 the territorial legislature petitioned congress to make a new territory out of the portion north of that parallel, and in 1881 a request was made to divide the territory into three states ; but congress refused to act. The movement for division was kept up in the southeastern portion, and the desire for statehood rapidly grew. To be admitted as a state, two conditions are necessary : (1) the consent of congress must be obtained and (2) a constitution and republican form of government must be adopted. Dakota Citizens' League. In 1882 a movement was commenced, known as the "Dakota Citizens' League," having the twofold object of preventing the sale of the school lands at a low price and of securing division and statehood. There was talk of the formation of a com- pany to buy the school lands -'n the hope of profiting by an increase in their value. General William Henry Har- rison Beadle, then territorial superintendent of public instruction, was very active in this movement to save the school lands from falling intq the hands of speculators, and a great many others worked hard for the same purpose. A strong sentiment was created, which later resulted in a provision that no school land should be sold for less than ten dollars an acre. To commemorate his noble work a beautiful marble statue of General Beadle to adorn the state capitol building at Pierre has been provided by the pupils in the schools of the state. Constitution of 1883. The territorial legislature of 1883 passed a bill providing for a convention to frame a constitution for the southern half of Dakota. This bill was vetoed by Governor Ordway, so the Citizens' League called a convention to be held at Huron on June 19th of that year. This convention passed resolutions and pro- 96 SOUTH DAKOTA, A REPUBLIC OF FRIENDS vided for a constitutional convention to be lield at Sioux Falls on Septeinber 4, 1883. Provision was made for the election of ISO delegates from the counties in what is now South Dakota. This movement was hastened by the removal of the territorial capital to Bismarck, to the great displeasure of the people in the southern part of the territory. The convention was held, Bartlett Tripp being elected its president. It remained in session four- teen days and framed a constitution much like the one we now have, though very different in some particulars. Thus the state seal provided for was described as follows : ' ' A shield draped with the American flag, depending from the beak of an eagle. In the background of the shield, a range of hills and the chimney of a smelting furnace. In the center of the shield, a' river, bearing a steamboat. On the hither bank of the river, a train of cars. In the middle foreground, a field of wheat and a field of corn. In the immediate right foreground, a white man at his plow; in the left foreground, an Indian and tepees. Both white man and Indian are looking at a rift in the clouds ^vhere appears the legend: 'Fear God and Take ^our Own Fart.' This legend shall be the motto of the State of Dakota. ' ' Constitution of 1885. Congress refused consent to the admission, however, and in 1885 the territorial legislature provided for another constitutional convention for the portion of the territory south of the 46th parallel. In conformity with this provision, 101 delegates were elected June 30th and met at Sioux Falls, September 8th^ remaining in session sixteen days. Alonzo J. Edgerton, chief justice of the supreme court of the territory, was elected president of the convention. A constitution was carefully prepared, being the one zvhich, with a few changes, later became that for the state. In November the people ratified it by a vote of 25,226 for and 6,565 against. Huron was chosen as capital, and a full set of state officers, with Arthur C. Mellette as governor, and two members of congress, Oscar S. Gififord and Theo- THE BIRTH OF A REPUBLIC 97 dore D. Kanouse, were elected. The legislature for South Dakota met at Huron in December and chose two United States senators, Gideon C. Moody and Alonzo J. Edger- ton. Congress, however, refused to approve of this action, and again the efforts of the people to secure statehood were unsuccessful. The Enabling Act of 1889. At length congress was willing to divide Dakota territory into two parts and permit each to form a state government. The law which was passed by congress and approved by President Cleveland, February 22, 1889, provided for this and was 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 an equal footing with the original states, and to make donations of public lands to such states." Line Separating Dakotas. The dividing line selected for Dakota was not the 46th parallel, as had been for- merly proposed, but the 7th standard parallel or "cor- rection line" of the land survey (see Fig. 8). This is about four miles south of the 46th parallel, and east of the Missouri river it was a sectioa line, a township line, and for nearly all counties, a county line. The 46th parallel passes right through sections and townships, and had it been chosen there would have been many farms partly in North Dakota and partly in South Dakota. Provisions of the Enabling Act. Provision was made for readopting, if desired, the constitution of 1885, ""'with such changes only as relate to the name and boundary 98 SOUTH DAKOTA, A REPUBLIC OF FRIENDS of the proposed state, to the reapportionment of the judicial and legislative districts, and such amendments as may be necessary in order to comply with the provi- sions of this act." Following are some other provisions of the enabling act, none of which can be changed without the consent of congress and of the people of the state : "The constitution shall be republican in form and make no dis- tinction in civil or political rights on account cf race or color, except as to Indians not taxed, and not be repugnant to the constitution of the United States and the principles of the Declaration of Inde- pendence. " ' ' Perfect toleration of religious sentiment shall be secured. ' ' ' ' The state must disclaim any right to United States lands and Indian reservations, and the right to tax United States lands or property. ' ' ' ' Lands belonging to non-resident citizens of the United States shall not be taxed at a higher rate than those of residents. ' ' "Provisions shall be made for the establishment and maintenance of systems of public schools, which shall be open to all children of the state, and free from sectarian control. ' ' ' ' Lands granted by the United States for educational purposes shall be disposed of only at public sale and at a price not less than ten dollars an acre. The proceeds of the sale of these lands shall consti- tute 'a permanent school fund, the interest of which only shall be expended in support of said schools.' " To the permanent common school fund is also added five per cent of the net proceeds of the sale of all United States lands ivithin the state. Many thousands of acres of public lands were given to the state by the United States for educational, chari- table and other public purposes. Besides the two sections in each township for the common schools, there were given lands as follows : "For the use and support of agricultural colleges 120,000 acres; for the agricultural coUegp, 40,000 acres; for the state university, 86,080 acres; for the state normal schools, 80,000 acres; for a state capitol, 82,000 acres; 40,000 acres each to the school of mines, the reform school, the school for deaf mutes; for such other educational and charitable institutions as the legislature may determine, 170,000 acres. ' ' Constitutional Convention of 1889. In accordance with the terms of the Enabling Act, seventy-six delegates were elected in May, and these met at Sioux Falls on THE BIRTH OF A REPUBLIC 99 July 4, 1889. Alonzo J. Edgerton was elected president of the convention. Thirty-two days were spent in de- liberation and the constitution of 1885 was amended to meet the requirements of the Enabling Act. This con- stitution was submitted to a vote of the people on Octo- ber 1st and was adopted by a vote of 70,131 for to 3,267 against. At the same election state officers were elected, with Arthur C. Mellette as governor, and two members of congress, Oscar S. Gifl'ord and J. A. Pickler. SEFAEATE AETICLES. Together with the constitution, two separate articles were submitted to a vote. One provided for the prohibition of the manufacture and sale of intoxicating liquor. This was adopted but was repealed in 1896. The other was on minority representation, providing that where there are several representatives to be elected in one district a voter might divide his votes. Thus, if three representatives were to be elected from a district, a voter might cast three votes for one candidate, or two for one candiilate and one for another candidate, or one vote for each of three candi- dates. This article was not adopted. Admission of South Dakota. The Enabling Act pro- vided that if the constitution and government were republican in form, and if all of the provisions of the Enabling Act were complied with, it should be the duty of the President of the United States to proclaim the admission of the state, after which it should be deemed admitted by congress into the Union "on an equal footing with the original states." On November 2, 1889, Presi- dent Benjamin Harrison issued a proclamation announc- ing the admission of South Dakota as a state. Thus was born, this "Republic of Friends" into the family of states which make the great republic of the United States. QUESTIONS. Give the portion of the constitution of the United States relative to the government of territories and the admission of new states. Find this in the constitution (see Chapter XVIII). COLONIAL PEBIOB: When was America discovered? By whom? What nation then claimed North America? What portion did England 100 SOUTH DAKOTA, A REPUBLIC OF FRIENDS acquire? France? What territory did France give to Spain in 1762? To England in 1763? When did France again get Tjouisiana? From whom? When did the United States get that region? How? LOUISIANA PURCHASE. When was this purchase made? From whom? What were its boundaries? How much of what is now South Dakota was included therein? When was the remainder acquired? From whom? How was this area first divided? How was the terri- tory of Louisiana governed? MISSOURI TEBBITORT. When was this territory created? By whom? How governed? What became of the territory of Orleans? MICHIGAN TERRITORY. When did congress create this terri- tory? What area did it include? In what territories was the South Dakota region? WISCONSIN TERRITORY. When was this territory created? South Dakota location? IOWA TERRITORY. When created? Area included? South Dakota location? MINNESOTA TERRITORY. When created? Area included? South Dakota location? NEBRASKA TERRITORY. When created? South Dakota loca- tion? LAND OF THE DACOTAHS. When was Minnesota. made a state? What region was left without a government? What was this region called? What did the white people who were thfere do? When was Dakota territory created? LEWIS AND CLARK EXPEDITION. When was the Louisiana purchase made? What was known of this western region then? Who were Lewis and Clark? What was the purpose of their expedition? When did they leave St. Louis? Tell what you can of their journey. The best account of their trip is given in ' ' The Expedition of Lewis and Clark," two volumes, by James K. Hosmer, published by A. C. MeClurg & Co. Doane Robinson 's South Dakota llistory, published by the American Book Company, Chicago, gives a charming account of their journey throvigh what is now South Dakota. This book should be found in every library in South Dakota. What is said of white men in this region before this time? EARLY TRADING POSTS. Where was the first permanent trad- ing post established in what is now South Dakota? By whom? When? What fort was built near here? When rebuilt? How named? What city is near that point today? AN INDIAN COUNTRY. What is the character of South Dakota history until 1851? FIRST INDIAN CESSION. How far west did Minnesota territory extend in 1851? What Indian lands were ceded in that year? TERRITORIAL PLANS. What two companies were formed for settling the Bix Sioux valley? When did they make settlements around Sioux Falls? This was then a part of what county of Minne- sota territory? What new county was then made? Explain the situa- tion m 1858. THE BIRTH OF A REPUBLIC. 101 GOVERNMENT ESTABLISHED BUT NOT RECOGNIZED. Wliat did the people of "Big Bioux county" do wiien Minnesota became a state and this region was not a part of any state or territory? Was their government recognized by congress? What was done in 1859? What happened to all of these settlements? SECOND INDIAN CESSION. What treaty was made with the Indians in 1858? What occurred in July, 1859? PERMANENT SETTLEMENT. Show that the real history of South Dakota people began in 1859. What towns were founded? When and where was the first school house built? The first churches? When did congress enact a law providing for Dakota territory? Who was President then? Who became President two days later? DAKOTA TERRITORY. What area was included? Describe the southern boundary? When was this boundary changed to the present one? EARLY GOVERNMENT. What was the first capital? What school lands were given? Who was the first governor? By whom appointed? What other oflBcers? How many judges? Who was the first delegate to congress? TEE FIRST LEGISLATURE. Of what did the first legislature consist? When and where did it meet? What institution did it establish at Vermillion? What one at Bon Homme? When was the penitentiary located at Sioux Palls? GOVERNMENT ORGANIZED. How many judges were there in the territorial supreme court? What local governmenis were organized? DIVISION OF THE TERRITORY. Make maps showing Dakota' territory in 1861, 1863, 1868 and in 1882. Who made the changes in the boundaries? ATTEMPTS AT FURTHER DIVISION. What attempts at fur- ther division of the territory were made? What did the people in the southeastern portion desire? What two conditions are necessary for the establishment of a state government? DAKOTA CITIZENS' LEAGUE. What were its plans? What plans were made for buying up school lands? Tell about General Beadle. CONSTITUTION OF 1883. Tell about the convention to form a state constitution ; about the capital removal. What did the con- vention do? What state seal was provided for? What motto? Compare it with the present motto. Which do you think is more appropriate for a republic? CONSTITUTION OF 1885. Tell what you can of the convention which framed this constitution. What steps were taken in forming a new state? What did congress do? THE ENABLING ACT OF 1889. What did congress do in 1889? LINE SEPARATING THE DAKOTAS. What line was selected to separate the Dakotas? Why not the 46th parallel? PROVISIONS OF THE ENABLING ACT. Name five of its pro- visions. What lands were given to South Dakota? 102 SOUTH DAKOTA, A REPUBLIC OF FRIENDS CONSTITUTIONAL CONVENTION OF 1889. Tell what you can of this convention. How does the constitution of 1S89 compare with the constitution of 1885? SEPARATE ARTICLES. What separate articles were submitted n-ith the constitution? Which one was adopted? When was it repealed? Who was elected the first governor of South Dakota? Who was Henry Masters? William Jayne? ADMISSION OF SOUTH DAKOTA. Under what conditions was South Dakota admitted as a state? When was the state admitted? A FEW HISTOEIC CHAEACTERS. FIEBEE DOBION. A trader with the Yanktons as early as 1785, afterwards a guide to Lewis and Clark. His son, bearing the same name, was also a trader and interpreter. MANUEL LISA. A Spaniard, trader with the Indians, director of St. Louis Eur Co. and Missouri Pur Co. Made trips up the Missouri as early as 1802. Influenced the Indians to be friendly with the Americans rather than the English in the war of 1812. TEE VERENDEYES. Of Erench descent, sent by the governor of Quebec from Lake Manitoba to the Missouri, exploring it to the Eockies in 1842. There is some evidence that they camped a while on their return the next year not far from the present site of Pierre. GEORGE CATLIN. A famous painter of Indians. Spent a few days at Et. Pierre in 1832. JOSEFS WARD. A Congregational clergyman, founder of Yank- ton College (1883), an active promoter of many good enterprises and the author of our state motto, ' ' Under God the People Eule. ' ' JOHN H. SHOBER. President of territorial Council, first session (1862). Promoter of movement leading to the building of the first school house at Bon Homme (May, 1860). AMOS F. SHAW. Teacher of the first school in the log school house at Vermillion (1864), later a member of the legislature. SAMUEL J. BROWN. A mixed blood Sisseton who made a ride of 150 miles one night in 1866, most of the time in a blizzard, carry- ing messages from Ft. Sisseton to Ordway and back again relating to an unfounded Indian scare. WILLIAM W. TAYLOR. State treasurer, 1891-5, who fled with the state funds but later returned and served a term in the peniten- tiary. CHAPTER VI HISTORIC ITEMS The first visit of a white man to the region now com- prised in South Dakota was probably in 1695, by Le Sueur, who was sent out west by the French governor at Quebec. The first building erected by white men in this region was probably the Trudeau house, or "Pawnee house," built of logs and protected by a stockade. It was probably erected in 1796, a short distance below the present site of Wheeler. The first permanent settlement was that established by Joseph La Framboise, in 1817, near the present site of Fort Pierre. The first sermon preached in this region was by Rev. Stephen R. Riggs at Fort Pierre in 1840. Mr. Riggs was a missionary among the Indians, Rev. Thomas S. WilHam- son being associated with him. Father De Smet was the first Roman Catholic missionary among the Indians of the Northwest, having come up the Missouri river from St. Louis, his headquarters, as far as the mouth of Vermillion river, as early as 1839. The first churches were built of logs at Vermillion and Yankton in the summer of 1860. During the same year the first school house was built at Bon Homme. The school house built at Vermillion in 1864 is, perhaps, the most famous of the school houses of those early days. The first white woman settler in the territory was Mrs. Goodwin, who arrived with her husband at Sioux Falls in the spring of 1858. The first newspaper was the Dakota Democrat, published at Sioux Falls in 1859. The first 103 104 SOUTH DAKOTA, A REPUBLIC OF FRIENDS permanent newspaper to be established was the Weekly Dakotaian, which was first issued at Yankton, June 6, 1 86 1, and still continues under the name Yankton Press and Dakotan. The first railroad to enter this region was the Dakota Southern, built from Sioux City to Yankton in 1872. Seven or eight years later many lines headed into South Dakota, extending up the James River valley and across the state to the Missouri river. The increase in population within the next few years was very great. The Capital. The oldest permanent settlement in what is now South Dakota was made in 1817 near the present site of Fort Pierre, at the mouth of the Teton (or Bad) river. The trading post was called Fort Teton until 1822. The name was then changed to Fort Tecumseh, and in 1832 to Fort Pierre. The commandant at the fort was practically a supreme ruler in the early days. When a territorial form of government was provided in 1861, Governor Jayne selected Yankton as the temporary capi- tal. The next year the territorial legislature passed a law fixing Yankton as the capital. The seat of government remained at this place until 1883, when it was removed to Bismarck. When the constitution was adopted in 1889 the question of the temporary location of the capital was voted upon and Pierre received the highest number of votes. Another election occurred in 1890 for the per- manent location of the capital of the state, and Pierre again won. Several attempts were made later to remove the capital, the matter being voted upon in the election of 1904. Again Pierre triumphed, and it is safe to say that there will be no further agitation of the subject. The Capitol. The capitol building used during state- hood until 1910 was a frame structure built by the citi- zens of Pierre and donated to the state. In 1910 the present splendid structure was completed at a cost of HISTORIC ITEMS 105 nearly one million dollars. This amount is being paid from the proceeds of the sale of the 82,000 acres of land donated to the state by the federal government for this purpose (see p. 98). THE DAKOTA BOOM. When the thousands of gold seekers went to the Black Hills after the discovery of gold there in 1874, the knowledge of the rich Dakota lands spread abroad. The Chicago and Northwestern and the Chicago, Milwaukee and St. Paul railways rapidly extended their railroads into various parts of what is now South Dakota. The population increased by leaps and bounds (see census table, p. 315). Scores of flourishing towns sprang up and intense rivalry prevailed among them, in many cases this being inten- sified by ' ' county seat fights. ' ' TEEEITOEIAL GOVEENOES. WILLIAM JAYNE, 1861-1862, the family physician of Lincoln and one of the very few of Lincoln's personal friends who were living in July, 1912, when this venerable friend of the Dakotas furnished the author with a photograph for the cut which appears on page 91. (Eead his inspiring letter on page 16.) NEWTON EDMUNDS, 1863-5, came from- Michigan to Yankton in 1861. Our peaceful relations with the Indians during the Civil war and later were largely due to his wisdom and tact. ANDREW J. FAULK, 1866-8, from Pennsylvania, an able fol- lower of Edmunds' peace policy. JOHN J. BUBBANK, 1869-73, from Indiana, a wise executive during a troublous political period. As an outgrowth of political dissension, Edwin McCook, territorial secretary, was murdered. JOEN L. PENNINGTON, 1874-7, from Alabama. During this time the discovery of gold and the rush to the Hills occurred. WILLIAM A. HOWARD, 1878-9, from Michigan. He died in ofiice, George H. Hand, territorial secretary, acting as governor dur- ing the six months following. During this period the "boom" began; NEHEMIAB G. OBDWAY, 1880-4, of New Hampshire. Twenty- one counties organized during this period shows the rapid growth of what is now South Dakota. Blizzard of 1880 (see p. 60). Capital removed to Bismarck and constitutional convention, 1883. GILBERT A. PIEBCE, 1884-6, from Illinois, a writer of some note. Constitutional convention, 1885. LOUIS K. CHURCH, 1887-8, from New York, first coming here as a territorial judge. ARTHUR C. MELLETTE, 1889 (see p. 159). QUESTIONS. HISTORIC ITEMS. Who was the first white man to visit this region? When? Where was the first building erected by white men? When? The first permanent settlement? When was the first sermon preached? By whom? When? Who was Father De Smet? When were the first churches built? The first school house? Who was the first white woman settler in this region? When? What was the first newspaper? The first railroad? When was Yankton made the territorial capital? When did Bismarck become the capital ? Tell about the location of the state capital at Pierre. Tell about the two capltol buildings at Pierre. What caused the "boom" beginning about 1877 ? Tell what you can of the territorial governors. CHAPTER VII DAKOTA INDIANS Dakotas Displace Rees. It seems to be quite clearly established that in 1700 the Arickaras or Rees occupied what is now South Dakota. Some time later the Dakotas, who had been living in the Minnesota country, gradually extended their conquests to the Dakota plains. The period from about 1750 to about 1790 is known among them as the "forty years' war" between the Dakotas and the Rees. The Sissetons and Wahpetons secured the region around Big Stone Lake; the Yanktons (E-hank- ton-wan), the lower portion of the James River valley; the Yanktonais, the northern James River valley; and the Tetons, west of the Missouri river. The Rees con- tinued for a long time to occupy villages near the mouth of the Grand river. Grand River Massacre. General W. H. Ashley and a party of about one hundred fur traders went up the Mis- souri river in the spring of 1823. While stopping at the mouth of the Grand river and trading with the Rees a portion of his party was attacked by the Indians, thir- teen were killed, and ten injured. Assistance was sent up the river; Colonel Henry Leavenworth with 220 men was sent from Council Bluffs ; about 100 men were sent by fur companies, and 700 Dakota Indians joined the war party. The Rees were speedily subdued and treaties of peace were signed by them. Civil War Massacres. A few years before the Civil war began the settlements just started on the Big Sioux 106 DAKOTA INDIANS 107 river were threatened by hostile Indians. The settlement at Medary was abandoned in 1858. In 1862 occurred the Indian outbreak in Minnesota, where hundreds of whites were massacred. In the same summer the murder of Judge Joseph Amidon and his son near Sioux Falls, and some trappers near Wessington Springs, filled the people with terror. Governor Jayne called for assistance and several hundred men responded. Stockades were built at the settlements, excepting Sioux Falls, which was abandoned. Struck-by-the-Ree and a band of friendly Yanktons were a great help in protecting the settlers from hostile attacks by the Minnesota Santee Indians. During the Civil war expeditions of soldiers were sent up into North Dakota and out into the Bad Lands, where hostile Indians were repulsed with great loss. Black Hills War. In 1868 a treaty was made with the Sioux Indians whereby they were given a large reserva- tion including the entire Black Flills area. Into this reservation no white settlers or soldiers could enter with- out permission of the Indians. This treaty was the result of a war which had been kept up between the Indians and whites in eastern Montana and Wyoming, known as the Red Cloud war. About this time rumors came of gold in the Black Hills. In 1874, General George A. Custer was sent with 1,200 soldiers and a few men of science to explore the Black Hills country. Glowing reports of the beautiful country, rich soil, plentiful game, and abun- dant evidence of gold were sent out. A miner in the party, named William McKay, is said to have made the first authentic discovery of gold in the sand-bars of French creek, near the present site of the city of Custer, August 2nd. The Indians were greatly excited and incensed at this open violation of their treaty, and when miners began to pour into the Hills, — about 11,000 of them by the next spring, — the Indians prepared to fight. 108 SOUTH DAKOTA, A REPUBLIC OF FRIENDS Sitting Bull, Crazy Horse, Gall, Inkpaduta, and Black Moon were the principal leaders among the Indians. In the campaign which followed, most of the fighting took place in Montana. The principal battle was on the Little Big Horn river, June 25, 1876, when Custer and his force of 261 men were completely destroyed. The Indians, however, soon saw that further resistance was useless and went back to their reservations, the leaders remaining in hiding for some time. In the fall of 1876 a new treaty was made whereby the Indians deeded the entire Black Hills country and made other concessions in return for rations of beef or bacon, flour, corn, coffee, sugar, and beans, to be issued regularly to them until they should be able to support themselves. The Messiah War. In 1889, the year South Dakota became a state, a strange religious craze took possession of the western Indians. The delusion started in Nevada, where an Indian claimed to be a Messiah or Christ. Short Bull went with other Indians from the Pine Ridge agency to investigate, and came back a convert to the new faith. Red Cloud, Sitting Bull and other leading Indians soon took up the new religion. A peculiar ghost dance was instituted, which was kept up until the dancers fell exhausted. Previous to the dance a turkish "sweat bath" was taken and many superstitious ceremonies were indulged in. Short Bull soon became the leader, espe- cially among the Pine Ridge Indians, and, declaring him- self to be the Christ, he led them to a huge camp in the Bad Lands. A general discontent prevailed among the Indians, and the agents tried to suppress the craze, especially the ghost dance. Fearing trouble, the United States sent troops to the reservations. In an attempt to arrest Sitting Bull at his home near the mouth of the Grand river, December 15, 1890, an encounter took place in which DAKOTA INDIANS 109 Sitting Bull and seven of his allies, together with six Indian policemen, were killed. The only other serious case of bloodshed was in the western portion of the Pine Ridge reservation, along a branch of the White river known as Wounded Knee creek. Troops were sent there to arrest Big Foot 'and his band. When an attempt was made to disarm them they fired upon the soldiers, and in the fight which followed, about two hundred Indian men, women, and children, and about sixty sol- diers were killed and wounded. This was called the "Battle of Wounded Knee," occurring December 29. 1890. Early in January, 1891, the hostile Indians sur- rendered and the troubles were ended. Save for a little "scare" in the western portion of the Cheyenne reserva- tion in 1907, perfect peace and' harmony have existed between the Indians and whites since 1890. Indian Reservations. Marked progress has been made by the Dakota Indians. They all wear clothing like white people, most of them have very comfortable houses, and many are very prosperous. The younger generation is much more thrifty and industrious than the Indian of former days. The Sissetons occupy citizen communities in Roberts and Marshall counties ; the Yanktons, in Charles Mix county; and a portion of the Minnesota Santees, in Moody county. The other Indians of the state are located on the following reservations : Rosebud, Pine Ridge, Lower Brule, Crow Creek, Cheyenne River, and Standing Rock. QUESTIONS. DAKOTAS DISPLACE BEES. "What Indians occupied this terri- tory in 1700? What was the contest betwen the Dakotas and Eees called? What Dakotas secured the region around Big Stone lake? In the lower James valley? In the upper James valley? West of the Missouri? GEAND EIVEB MASSACRE. Give an account of this massacre and the punishment of the Indians. 110 SOUTH DAKOTA, A REPUBLIC OF FRIENDS CIVIL WAS MASSACRE. Give an account of the massacres during the civil war? What Indians helped protect white settlers. BLACK HILLS WAR. What tresty was made with the Tetons in 1868? This treaty was the result of what war? Where? Who was sent into the Black Hills country in 1874? What reports were sent out? Where was gold first discovered? What was the effect of the discovery of gold in the Black Hills? Tell what you can of the battles which resulted; about Custer's- massacre. When was the Black Hills country given to the whites? THE MESSIAH WAR. In what year did this take place? Tell what you can concerning the religious craze which possessed the Indians. Give an account of the death of Sitting Bull. Of the "Battle of Wounded Knee." INDIAN RESERVATIONS. What is said as to the progress made by Dakota Indians? Where are they now located? SOME NOTED INDIANS. Black Buffalo. A chief of the Minneconjou (Teton), who met Lewis and Claris at the mouth of the Teton river in 1804. He fought with the Rees against the whites, but sided with the Americans in the war of 1812. Inkpaduta. Son of Wamdesapa and leader of the outlawed band of \Yakpekuta (Santee) Indians, who massacred the white settlers at Spirit Lake, Iowa, in 1857, carrying captive four white woman into the Dakota country. Two captives were murdered, one was rescued by Grcyfoot and Sounding Heavens, and the other was rescued by John Otherday, Maza- kutemane and Iron Hawk. ^Vart- ners in a firm (not a corporation) when the name of the firm does not show who the partners are. Sheriff. The general powers of this officer are given in the political code of laws as follows : "The sheriff sliall keep and preserve tlie peace within his couuty, for which he is empowered to call to his aid such persons or the power of the county as he may deem necessary. He must also pursue and apprehend all felons ; and must execute all writs, warrants and other process from the circuit court, or from a justice of the peace, which shall be directed To him by legal authority. He shall attend at the circuit court and the sessions of the board of county commis- sioners when requested by the latter to attend." ' ' He shall serve and post up all notices he may receive from the county auditor or the board of county commissioners, give notice of special and general elections, and shall keep his oflSce at the county seat. ' ' Among the "writs, warrants, and other process" of a court may be named warrants of arrest and execution for debts or financial claims (see Glossary). A warrant of arrest is an order in writing in the name of the state, signed by a magistrate, commanding the arrest of the defendant, and may be substantially in the following form: County of The State of South Dakota. To any sheriCf, marshal or policeman in this state (or in the county of as the case may be) ; Information on oath having been this day laid before me that the crime of (designating it) has been committed and accusing C. D. thereof. You are therefore commanded forthwith to arrest the above named C. D. and bring him before me at (naming the place), or, in case of my absence or inability to act, before the nearest or most accessible magis- trate in this county. Dated at this day of , 19. . E. F., Justice of the Peace (or as the case may be). — Code of Criminal Procedure. The sheriff has charge of the county jail. County Auditor. As we have already noticed, the county auditor acts as clerk of the county commissioners. If you have money due you from the county you go to the auditor, who draws a warrant on the county treasurer for the sum. Thus all claims against the county pass through his hands and he keeps accurate records of them. Monthly settlements between the auditor and the treas- urer are made to keep their accounts correct. THE COUNTY 167 He makes out lists of the taxes due from each taxpayer for the county treasurer, making a report of them to the state auditor. He also sends a report of the assessor's roll to the state auditor. He assists in loaning money of the permanent state school fund and in the leasing of school lands. He is a member of the county library board and the board of education for adopting school books. He sends out all notices of elections and assists in canvassing the returns. Candidates for county and legis- lative offices file w^ith him their nominating petitions and he makes out ballots to be printed and sent to the judges of election in each voting precinct (division for 'purposes of voting). He also provides sample ballots and instructions to voters. Register of Deeds. As the name suggests, this officer records deeds to land within his county. When land is sold a conveyance, usually called a deed, is given. One of the most common forms is the warranty deed (see Glossary). This is recorded with the register of deeds as a public notice, and should two deeds be given by the owner, by mistake or otherwise, the one having his deed recorded first, if a purchaser in good faith, would be con- sidered the true owner. In some states if the owner of land is married both husband and wife must sign the deed or one of them may have a certain claim on the land when the other dies. The right which a wife may have in lands of her husband is called dower, and the right which a husband may have in lands of his wife is called curtesy. Both dower and curtesy rights have been abolished in South Dakota. If the land sold is the home both husband and wife must sign the deed, whichever owns it, or the deed is void. It is customary, however, to have both sign all deeds to land lest it might be claimed afterwards that it was the home that was sold. In case of a lawsuit in which the title, or ownership, of real prop- erty (see Glossary) is in dispute a notice to that effect is filed with the register of deeds. This is a warning to any purchaser of the land. Similarly, if the owner has done some building and has not paid for the lumber or labor a lien or claim may also be filed so that 168 SOUTH DAKOTA, A REPUBLIC OF FRIENDS no one will pureliase the property ignorant of the claim against it. Tor similar reasons mortgages, which are conditional deeds, bills of sale, and other instruments are recorded with the register of deeds. County Treasurer. This ofificer is the principal tax collector within the state. Taxes levied by the state, county, township, town, city, and school district are paid to the county treasurer, who sends the proper amounts to the treasurers of the state, township, etc. The assess- ments of property to be taxed and the rate of tax in each city are reported to the county auditor. He then calcu- lates the city tax due from each property holder in the city and reports the amount to the county treasurer. The county treasurer collects this tax and sends it to the city treasurer. State taxes, township taxes, town taxes, and school district taxes are similarly calculated and paid. The county treasurer takes charge of the money belonging to the count)^, depositing it in banks when the county commissioners direct him to do so. A tax of $68.82 was paid in 1911 on a city lot in Aberdeen, the assessed value of which was $1,100. The total rate to be paid was 59.2 mills or 5.92 per cent. The tax, then, was $65.12. To this was State tax 4.0 mills added a special sewer tax of $3.70, County tax making a total tax on that lot of General 1.5 " $68.82. One-half of this had to be Road and bridge 1.0 " paid before March 1st, the other be- Insane 5 " fore the first of November. The Bond Interest 1 " county treasurer sent $4.40 of this Poor Farm 4 " to the state treasurer (.004X Special Sal. Fund 5 " $1,100); $25.85 to the school dls- School tax 23.5 trict (.0235X$1,100) ; $34.17 to City tax 27.7 " the city treasurer (.0277X$1,100-F $3.70); and retained the balance, Total 59.2 " $4.40, tor the county. State's Attorney. This is a very important officer for enforcing the law. Every criminal case before a court in the state is prosecuted by the state. The crime is said to be committed against the state. The thief who steals from you not only violates your rights but endangers those of everyone else. The state therefore provides for a lawyer in each organized county to attend to the prosecution of crimes. When a crime is committed the person injured THE COUNTY 169 does not need to employ a lawyer to have the accused person tried; it is the business of the state's attorney to do this if complaint is properly made. The state's attorney is also the legal adviser of the county officers and a member of the county board of education, which adopts text books. He must be licensed to practice law in the state. County Surveyor. His duty is to make surveys, to lay off roads, and locate boundary lines. He is paid according to the amount of work done. County Coroner. The principal duty of this officer is to "hold an inquest upon the dead bodies of such persons as are supposed to have died by unlawful means." He then summons a jury of three persons and examines wit- nesses. The verdict of the jury is a statement of what is believed to be the cause of the death. This officer in early times in England was the highest one in the county, receiving his appointment from the king (coroner is from the Latin corona, crown). Next below him was the sheriff (shire reeve). As a survival of this relationship the coroner is the only officer in the county who may serve legal papers on the sheriff and if the sherifC is put in jail the coroner becomes the jail keeper. In case of a vacancy in the office of sheriff the coroner takes his place until the county com- missioners fill the vacancy. County Superintendent of Schools. This important officer has general supervision of the schools of the county. To be qualified to hold this office the superin- tendent must be the holder of a teacher's certificate of the first grade or higher, which has been valid in the state for at least one year before he assumes the office. He visits schools, conducts meetings of teachers and school officers, provides for teachers' institutes, has charge of the examination of teachers (receiving ques- tions from the state superinendent and forwarding an- swers to him), and has power to revoke a teacher's cer- tificate if there is sufficient reason. He may grant to a teacher a special certificate which is valid only until the 170 SOUTH DAKOTA, A REPUBLIC OF FRIENDS next teachers' examination. He conducts reading circles among the teachers. He has important duties in check- ing over all accounts of the school treasurers to see that they are correct. The clerk also sends in reports to -him, and he is the adviser of school boards and teachers. Many matters are referred to him for decision. He makes a plat of the county showing the boundary, location, and name of each district. He sends a complete report to the state superintendent of the finances, school population, and teaching in each district. He apportions to the school districts the money due them from the interest on the permanent school fund. From this money an amount equal to ten cents for each child of school age in the district is set aside for the purchase of books for the library of the district. The county superintendent is chairman of the board, which selects these books from lists approved by the state superintendent. He is also chairman of the board which in 1912 and every five years thereafter adopts text books for the county. His salary is from $200 to $1,500 a year and is less than most salaried officers of the county. Every other county officer who travels about the county in the necessary discharge of his duties receives mileage. Everyone admits that the educational interests of the county are the most important ones; why, then, should not this officer be paid mileage exactly the same as other county officers? In one of the large and rich counties of the state, after the county superintendent had paid his necessary traveling expenses he found his salary was less than that of the janitor of the court house. This superintendent was a normal school graduate and his education had cost him a great deal of money, a very high standard of morality and ability were required of him, and for the spkndid services of utmost importance to the children of the county there was paid no more than for the man who scrubbed out his office. It is very important that Ihe court house bo kept heated and cleaned, but it is vastly more important that the educational work of thousands of children be well looked after. The county superintendent of schools cannot serve more ihan four years in succession. This is admitted by all to be d disgrace to the state. The constitution of the state should be amended so that a superintendent might be retained as long as ho gave good service. THE COUNTY 171 County Judge. This officer, like the state's attorney, must be "learned in the law." His duties may be con- veniently grouped under three headings, for he may hold three kinds of court: (1) probate, (2) juvenile, and (3) civil and criminal. Probate Court. The principal duties of the county judge are to look after the property of deceased persons and see 'that their wills, if they have made wills, are carried out, or to see that the property is divided properly among the heirs. He appoints guardians for orphans who are minors and for insane persons. See adminis- trator, executor, etc., in Glossary. Juvenile Court. "Whenever any child sixteen (i6) years of age or under, is arrested with or without war- rant, such child shall, instead of being taken before a justice of the peace or police magistrate, be taken directly before the county court." Unless the oflfense charged be felony,* this court has power to send a delinquent* child of eighteen or under to the state training school, or may have the child and his parents or guardian report his conduct from time to time to see whether the child is reforming. Criminal and Civil Court. In counties having a popu- lation of 10,000 or more, the county court may try civil cases where the amount in dispute is not over $1,000, and criminal capes of misdemeanors (see Glossary). In case of a vacancy in this office the governor appoints someone. QUESTIONS. FUNCTION OF COUNTY OFFICERS. Show that county officers are in reality state officers within the county. The name of which county office indicates this? RELATION OF COUNTY TO STATE. Show that the relation of the county to the state is not the same as the relation of the state to the nation. Under what conditions would the relation be similar? •See Glossary. 173 SOUTH DAKOTA, A REPUBLIC OF FRIENDS COUNTY ENFOSCES STATE LAW. Show that the county is, in the main, a division of the state for the enforcement of stite laws. TO ORGANIZE A NEW COVNTT. What are unorganizea coun- ties? How many voters must there be for the organization of a county? "What area? Explain how a county may lie organized. COUNTY COMMISSIONERS. The number? OfSeers? What property is under their care? Explain about building and repairing bridges. How is county money paid out ? Give their duties concerning banks, taxes, vacancies, assessing property, canvassing elections. CLEEK OF THE COUBTS. Of what courts is he clerk? What are his duties? What papers does he issue? What records does he keep? SEEZIFF. What are his duties? What is a warrant of arrest? COUNTY AUDITOE. What are his duties in- connection with the county commissioners? With the county money? Tax lists? Elections? BEGISTEB OF DEEDS. What is a warranty deed (see Glossary) ? Why and how recorded? Explain under what circumstances both husband and wife must sign a deed. What is curtesy? Dower? What besides deeds are recorded with this officer? COUNTY TBEASUBEB. What taxes does he collect? Study the explanation of the calculation of the taxes in the example given. Get a tax receipt and see if you can explain how the amount of the tax was calculated. STATE'S ATTOBNEY. Who prosecutes criminal cases? Against whom is a crime said to be committed? What are the principal duties of this officer? What qualification must he have? COUNTY SUBVEYOB. His duties? COUNTY COBONEB. His duties? What is a "Coroner's jury "? What was the relation of coroher and sheriff in former times in England? In South Dakota today? COUNTY SUPEBINTENDENT OF SCHOOLS. What are the educational qualifications of county superintendent of schools? What are his duties? What can you say concerning his salary? His term of office? COUNTY JUDGE. What special qualification must he possess? What are the functions of the probate court? The juvenile court? The criminal and civil court? How is a vacancy in this office filled? How in other county offices (see p. 164) ? CHAPTER XII THE TOWNSHIP An Old Institution. The township is one of the oldest of our governmental divisions. It has been in existence since the days when our savage ancestors lived around the Baltic sea. In New England it is still the principal subdivision of the state, for in some states there is no county superintendent of schools, county register of deeds, etc., their duties being performed- by township officers. With us, however, the township officers have few powers ; the county is our principal subdivision of the state for governmental purposes. Congressional and Civil Townships. Shortly after the Revolutionary war, Congress decided to have the terri- tory north and west of the Ohio river surveyed* and sold to settlers. Tracts six miles square were surveyed and divided into sections. These tracts were called townships. No people occupied them except Indians and occasional white traders or trappers. Now, the local organization of the people into a government in New England was also called a township. To distinguish them, the area six miles square, comprising sections one to thirty-six, is called a congressional township, and the organization of the people into a local government is *See Chapter XI, "The United States GoTernment Land Surrey," In the author's Mathematical Geography, published by the American Boot Company, Chicago. 173 174 SOUTH DAKOTA, A REPUBLIC OF FRIENDS called a civil township. .A congressional township is sim- ply so much surveyed land, and does not have officers any more than an acre or a sqitare mile. A civil town- ship is the people who have organized a public cor- poration (see Glossar}') for carrying on government. Wherever the word township is used we always mean a civil township unless we are locating land according to the government survey. The word town is often used icte/ 1 krth ** 1 1 Trft d P iralf 1 N «1 t ny~~-^ Nor _J J ' for h C — £■ N e -s- ■N-t « 1 c ■~2:i-_s s,uJ Q o ~-i_3 su,. i rUL Fig. 56. Congressional townships are numbered in tiers nortli and south of a base line and in ranges east and west of a principal meridian. G s 4 3 2 > T 9 9 10 ;/ 12 ;a n le IS /•* 13 /9 zo 21 22 23 2* 30 29 2a 27 26 25 31 32 33 34 35 3S Fig. 57. The numbering of sections in a congress- ional township. Sections 16 and 36 In every con- gressional township were given to the state by the United States tor the ben- efit of the public schools. Instead of the word township, but never in this book excepting in a few quotations from the law. Organization of a Township. The people of not less than one congressional township nor more than four may have a civil township organized if a majority of the voters petition the county commissioners, who provide for the election of officers. There must be at least twenty- five voters in the township to be organized. THE TOWNSHIP I75 Annual Town Meeting. It was a very ancient custom among our ancestors of Europe for the people of a com- munity to meet and agree upon the method of regulating their local affairs. This is done in many countries today. In Switzerland the people of the canton thus meet for passing laws, and even in Russia, whose government is so stern and autocratic, the people of the mir, or local community, meet and decide upon many affairs of a local nature. It is interesting to note that in Russia each household has one vote, cast by the head of the family, — ■ the widow or the eldest son, if the father is dead. ' ' The citizens of the several towns of this state, qualified to vote at general elections, shall annually assemble and hold town meetings on the first Tuesday in March. ' ' — Pol. Code. This meeting is called to order between nine and ten o'clock in the morning by the town clerk, or, if he is not present, by any voter. The presiding officer is elected by the voters present and is called the moderator. He is addressed as "Mr. Moderator." The voters at this meet- ing may decide what regulation shall prevail concerning animals running at large; appoint pound masters; vote money to repair the roads, build bridges, care for the poor, put up sign-boards, etc. They then proceed to elect township officers. Board of Supervisors. There are three members of this board, elected for three years ; one is elected each year. The supervisor who is serving the last year of his term is the chairman of the board. The duties of the board are very similar to those of the county commissioners,' — looking after the property of the township, acting as a board of equalization and assess- ment for the township, etc. The board must approve the bonds of the other township officers, though the bonds, for safe keeping, are filed with the county clerk of the courts. It levies a poll tax (poll means "head") on every 176 SOUTH DAKOTA, A REPUBLIC OF FRIENDS man between the ages of 21 and 50, unless he is a pauper or under a guardian. Firemen and militiamen are also exempt from the poll tax. A road tax is levied against all taxable property in the township. • When studying the duties of the county commissioners we noticed the provision for. county bridges. The repairing of the bridges within a township is provided for as follows: "After any bridge has been built by the county under the pro- visions of this article said bridge shall be under the supervision of the township board and all repairs not exceeding twenty dollars shall be paid by the township or townships in which said bridge is located, and for all repairs exceeding twenty dollars and less than one hundred dollars, the first twenty dollars shall be paid by the township or town^ ships and the balance divided equally between county and township or townships; and all repairs exceeding one hundred dollars shall be paid by the county, but before being allowed by the county, the county commissioner of that district in which said repairs shall be made, shall together with the township board or boards consult with each other and agree upon the necessary repairs to be done. ' ' — Pol. Code. ' ' The town supervisors shall constitute a board of health and within their respective towns shall have and exercise all the powers necessary for the preservation of the public health. ' ' — Pol. Code. ' ' The board of health may examine into all nuisances, sources of filth and causes of sickness and make such regulations respecting the same as they may judge necessary for the public health and safety of the inhabitants ; and every jierson who shall violate any order or regu- lation made by any board of health and duly published shall be deemed guilty of a misdemeanor and punished by a fine not exceeding one hundred dollars, or by imprisonment in the county jail not exceed- ing three months. ' ' — Pol. Code. Township Clerk. His duties are much like those of the county auditor. He is clerk of the board of supervisors, draws warrants on the township treasurer, posts notices of elections, and sends to the county auditor a report of the tax to be levied for township purposes. Township Treasurer. This officer has charge of money belonging to the township, receiving it from the county treasurer, who collects it with the state, county, and school district taxes.. Township Assessor. The assessor makes out a com- plete list of all property which is subject to taxation. THE TOWNSHIP I77 He goes to each person in the township, so far as pos- sible, in order to make out this list. When a person tells just what property he possesses he is considered to be under oath (see "perjury" in Glossary). Justices of the Peace. Two are elected in each town- ship for two years, one being elected each year. A justice of the peace has power to try crimes committed within the county if the punishment is not greater than imprisonment in the county jail for thirty days, or a fine of one hundred dollars, or both such imprisonment and fine. If the crime is a greater one, the justice has power as a "committing magistrate," that is, he may order that the accused person be imprisoned until the higher court meets to try the offense. For most offenses the accused may give bonds as a guarantee of his appear- ance at court. Lawsuits may be tried in a justice court when the sum in dispute does not exceed one hundred dollars. (See Chapter XV.) Constables. These are the peace officers of the town- ship. Two are elected for two years, one each year. They also serve legal papers just as the county sheriff does. Vacancies. Section 1045 of the political code provides : "When any town fails to elect the proper number of town officers, or whenever any person elected to a town office fails to qualify, or whenever any vacancy happens in any town office from death, resig- nation, removal from towu or other cause, the justices of the peace of the town, together with the board of supervisors, or a majority of them, shall fill the vacancy by appointment by warrant under their hand, and the persons so appointed shall hold their offices until the next annual town meeting and until others are elected and qualified in their places, and shall have the same power and be subject to the same duties and penalties as if they had been duly elected. ' ' The provisions of this section also apply to the filling of a vacancy in the board of supervisors or justices of the peace. By "qualifying" for an office is meant taking an oath to support the constitution of the United States, the constitution of the state, and to faithfully perform the duties of the office. Usually a bond must also be given for the faithful accounting of all public money. 178 SOUTH DAKOTA, A REPUBLIC OF FRIENDS Good Roads Law Old Plan. Before 1907 each township was divided into several road districts and a road overseer was elected for each one. The road tax was "worked out" by farmers. Under this plan each county had from seventy-five to two hundred different road overseers, few of whom had much expert knowledge of road-making or suitable tools with which to work. It was rare to find an honest day's work done, for the custom wa5 to "take it easy" when working out one's road tax. The method was very wasteful and inefifective. With such a system, it is no wonder that "America has poorer roads than any other civilized country on earth." A few crews of good road- makers with modern graders and other tools can accom- plish far more work in building and repairing the roads of a county, do better work, and do it cheaper than under the old plan. In the more progressive portions of the United States the old plan is being done away with, and the result is that they are getting much better roads at no greater cost. New Plan. The legislature of 1907 made some changes in the law, doing away with road overseers and placiug the work in the hands of the township board of super- visors. In 1911 the legislature provided that road taxes levied against property and a road poll tax of two dollars from every man between the ages of 21 and 50 (with a few exceptions) shall be paid and not zvorked out by the taxpayer. There is a township road tax and also a county road tax. Any road repairs in one place or con- tinuous stretch of road which costs less than five hundred dollars shall be done by contract under the supervision of the township board of supervisors. If the cost is over five hundred dollars the work is done by contract under the supervision of the county commissioners. In coun- THE TOWNSHIP 179 lies having a considerable area which is mountainous an engineer may be employed by the county. New Plan Optional. In many places there are objec- tions to the adoption of the new plan, so the legislature provided that the people of a township may vote to con- tinue working out their road tax at the rate of twenty cents an hour for a man, or forty cents an hour for a man and team. The county, too, may reject the "good roads law" by a majority vote. QUESTIONS. AN OLD INSTITUTION. How long have townships been in exist- ence? What is said as to its importance in New England? CONGRESSIONAL AND CIVIL TOWNSHIPS. Tell what you can of the government survey. How many sections in a township? How are they numbered? From how many principal meridians are different portions of South Dakota surveyed? What is a civil town- ship? ORGANIZATION OF A TOWNSHIP. What area must be included? How many voters? How is a civil township organized? ANNUAL TOWN MEETING. What was the ancient custom in northern Europe? What in Switzerland and Russia now? When is the town meeting held? How called to order? What is the presiding ofB.cer called? What is done? BOARD OF SUPERVISORS. Number? Term? Duties of the board? TOWNSHIP CLERK. His duties? TOWNSHIP TREASURER. His duties? TOWNSHIP ASSESSOR. His duties? JUSTICES OF THE PEACE. Number? Term? What crimes may be tried before a justice of the peace? What civil cases? CONSTABLES. Number? Term? Duties? VACANCIES. Explain how vacancies in township offices are filled. GOOD ROADS LAW. OLD PLAN. Describe the old plan for repairing the roads. Why was it not successful? NEW PLAN. Who has charge of repairing the roads in a town- ship? What two kinds of road taxes are there? Who must pay the road poll tax? NEW PLAN OPTIONAL. How may the new plan be rejected in a»y township or county? CHAPTER XIII THE TOWN Township, Town, Village. As we have seen, a civil township comprises the people occupying one or more congressional townships. A village is a collection of houses and inhabitants in a small area. The people of a village may desire to organize as a separate government from the township because they may wish fire and police protection, street lights, waterworks, sewerage, side- walks, etc. The people of the entire township naturally do not want to be taxed to furnish these things to the village. Steps may then be taken to organize as a town with a government separate from the township. Such an organized town is said to be incorporated. We usually speak of a county or township as being "organized," but of a town or city as being "incorporated." In the way the words are usually used in South Dakota law, a village is simply a thickly settled portion of a township (or, if the township is not organized, of a county). A town is an incorporated village. Incorporation of a Town. Before 1905 the law did not provide what the population must be in order to incor- porate. The census of that year showed fifteen incorpo- rated towns having a population of less than one hun- dred, one of them having only five people, counting men, women, and children. The law of that year provided that no new town should be incorporated until a careful census had been taken of the population, which must equal a certain number. In 1909 the legislature provided 180 THE TOWN 18-1 that there must be at least one hundred people in order to incorporate, thirty of whom must be voters. A survey is made of the area to be included, and a map is drawn showing its boundaries. A census is taken of the population, and the names of the heads of families and number of persons in each family are listed. A petition signed by at least one-third of the voters in the area is presented, with the map and census list, to the county commissioners. The name desired for the town is given in the petition, and it must be different from that of any incorporated town in the state. The county commissioners then call an election in the town to vote whether the town shall be incorporated or not. Three inspectors are elected at nine o'clock in the morning of the appointed day, and they conduct the election. If the vote is favorable the county commis- sioners declare the town to be incorporated and settle and adjust all claims and accounts between the town- ship and the town. The inspectors divide the town into not less than three nor more than seven districts, and call an election to elect the officers for the town. The regular elections are held on the third Tuesday of April (law of 1909). Town Trustees. One trustee is elected from each dis- trict mentioned in the preceding, paragraph. The board of trustees elects from its members a president and has many powers similar to a township board of supervisors, acting as a board of health and board of equalization and assessment, caring for town property, etc. A few addi- tional powers are given to the board of trustees, such as providing for a fire department, for sidewalks, etc The board of trustees appoints a marshal (corresponding to township constable) and a road overseer Other Elective Officers. There are elecced each year a clerk, assessor, treasurer, and justice of the peace. If 182 SOUTH DAKOTA, A REPUBLIC OF FRIENDS desired, a town may liave two justices of the peace. The duties of these officers are very similar to the duties of corresponding officers of the township. Thus the town clerk is clerk of the board of trustees, posts notices of election, and draws warrants for the payment of money by the town treasurer. QUESTIONS. TOWNSHIP, TOWN, VILLAGE. What is a village? Why do the people in a village usually ilesire a government separate from that of the township? What is a town? INCOBFOBATION OF A TOWN. How large a population is necessary to incorporate a town? How many voters? Explain the four steps necessary to incorporate — survey, census, petition, election. TOWN TBTJSTEES. How many? Duties and powers? The presi- dent of the board of trustees is often called the mayor, though this is the corresponding officer of a city. What are the duties of the town marshal? Of the road overseer? OTEEB ELECTIVE OFFICESS. Name the other town ofBcers. Write in parallel columns the officers of the councy, ttwnship, and town. Fig. 58. Business District of Sioux Falls. Fig. 59. A View in Lead. Fig. 60. A View of the Town of Claremont. See Preceding Chapter. Fig. 61. Second Avenue Scene, Aberdeen. CHAPTER XIV THE CITY Incorporation of a City. Any incorporated town hav- ing two hundred fifty or more people may be incorpo- rated as a city. Upon receiving a petition signed by one-eighth of the legal voters of the town, the trustees call an election to ascertain whether the people desire to incorporate as a city. If the vote is favorable, another election is held and city officers are elected. Special Charters. Before South Dakota became a state the territorial legislature granted special charters to cities, providing by special laws how each city should be governed. The state constitution, adopted in 1889, pro- hibits the legislature from doing anything of this kind (see Article III, Section 23). The state legislature in 1890 provided by general law for the government of all cities that might afterwards be incorporated, and also pro- vided that any city then having a special charter might incorporate again under the general law if the voters of the city wanted to do so. Nearly all of our cities have discarded their charters and incorporated under the general laws. Two Kinds of Cities. There are two kinds of city government in South Dakota, (a) ward cities and (b) cities under commission, (a) In the former the city is divided into districts called wards, the voters of each ward electing two aldermen as its representatives in the city council, (b) In cities under commission the city as a whole elects either three or five men, regardless of 185 186 SOUTH DAKOTA, A REPUBLIC OF FRIENDS the portion of the city in which they live, and these commissioners have charge of the government of the city. Three Classes of Cities. All cities of the state are divided into three classes : 1. Cities of the first class, population 10,000 or more. 2. Cities of the second class, population 10,000 to 2;000. 3. Cities of the third class, population less than 2,000. The law provides that to determine the population in order to classify a city the number of votes for candidates for governor at the last election shall be multiplied by five. Ward Cities City Council. Cities of the third class are divided into three wards ; of the second class, four ; or the first class, six, until the population is 15,000, and an additional ward after that for every 10,000 inhabitants. From each ward two aldermen are elected for two years, one each year. These aldermen constitute the city council, together with the mayor, who is the presiding officer, though he has no vote excepting in case of a tie. The city council is a legislature for the city, being given many lawmaking powers. The laws it adopts for the city are called city ordinances. Some of its powers are as follows: To control the property of the city; to provide for the payment of the debts and expenses ; to borrow money and issue bonds (within certain limits) ; "to lay out, establish, open, alter, widen, extend, grade, pave, or otherwise improve streets, alleys, avenues, side- walks, wharves, parks, and public grounds, and vacate the same"; to provide for lighting and cleaning the streets; to name or change the name of any street ; tc^ establish regulations for the construction of buildings, thd piping for gas and water, and the wiring for electricity; to pro- vide for waterworks and sewerage ; to license peddlers, THE CITY 187 pawn brokers, draymen, hackmen, plumbers, electricians, shows, theaters, etc. ; to regiilate the inspection and sale of bread, milk, meat, butter, and vegetables; to provide for fire protection; to appoint a board of health and make health regulations; to regulate street railways; and to provide for cemeteries, parks, and public libraries. From a reading of the list of powers of the city council (and there are many other matters which they must regulate) it is readily seen that the management of a city is the most complex government we have. It is also the most expensive. As the city gets larger, the difficul- ties and problems increase. City Ordinances are passed by the city council in very much the same way as laws are passed by the state legis- lature, — introduced, two readings, signing by the mayor (he may veto). The ordinances must be published in the official newspaper (the one selected by the council for such publications). The Initiative and Referendum apply to city ordi- nances. An ordinance may be prepared by anyone, and upon being petitioned by five per cent of the electors this proposed ordinance must be submitted to a vote of the people of the city. If the city council should pass an ordinance that met with objection, upon receiving a peti- tion signed by five per cent of the voters the council must submit the ordinance to a vote of the people, unless it is one "for the immediate preservation of the public peace, or the public health, or expenditure of money in the ordinary course of the administration of affairs." The Mayor. The chief executive officer of a city is called a mayor. He is elected for two years. As we have already noticed, he presides at meetings of the city coun- cil. As a peace officer he is given power within the city limits equal to that of a sheriff. He may pardon persons imprisoned in the city jail for violating city ordinances. 188 SOUTH DAKOTA, A REPUBLIC OF FRIENDS He appoints many of the officers, subject to the approval of the city council. It is the mayor's duty to see that law is enforced in the city. Since he appoints policemen and other officers, and may remove them, he has great influence in the management of city affairs and in the control of evils and vice which are too often found where people are crowded together as they are in cities. While much depends upon having a good mayor, he can do little unless he is supported by law-abiding people. A whole- some sentiment on the- part of the citizens and a good mayor and other officers are both necessary for good city government. City Treasurer. The treasurer has duties similar to those of the treasurer of the town, township, and county. The county treasurer collects the general taxes for the city and some of the special taxes, but the city treasurer collects such special taxes as water rents, license fees, etc. City Courts. A police justice and a city justice of the peace are elected for two years. These officers have the same powers as justices of the peace of the township. It is customary, however, for policemen to take persons whom they have arrested before the police justice. Any city having a population of 5,000 or more may establish, by vote, a "municipal court" having power to try most kinds of civil cases where no more than five hundred dollars is in dispute, and criminal cases of misdemeanors. The city auditor is the clerk of this court, and the judge must be a licensed attorney. Appointive Officers. The law of 1907 (Chapter 87) provides : "There shall be appointed by the mayor, with the approval of the city council, a city auditor, city attorney, city engineer, city assessor und such other ofScers as may by the city council be deemed necessary and expedient." THE CITY 189 The city auditor is clerk of the city council, draws warrants on the city treasurer, keeps the records, plats, and books of the city, issues licenses which are author- ized by the council, etc. The city attorney is the legal adviser of city officers, inspects bonds issued by the city, and defends the city and looks after its interests in all legal actions. The city engineer makes surveys, locates sewers, lays oflf sidewalk grades, curbing, etc. The city assessor performs duties exactly like those of township and town assessors. Other officers usually appointed are a building in- spector to examine and approve all plans for buildings and their construction, to see that chimneys, foundations, walls and partitions are safe ; a wiring inspector to see that all electric wiring is done according to law ; a street commissioner to see to the grading, caring for, and cleaning of the streets and alleys ; a water commissioner to look after the laying of water pipes, sewers, etc. ; a health inspector to see that garbage and offensive matter be not left in streets and alleys, post quarantine cards, disinfect houses, etc. The police department is placed in charge of a chief of police acting under instructions from the mayor. The tire department is also in charge of a chief, with other officers and employes. Cities Under Commission A New Plan. Within recent years a new form of city government has been adopted by hundreds of cities that were not satisfied with the way their affairs were, man- aged. Galveston, Texas, Los Angeles, California, and Des Moines, Iowa, have been the pioneers in trymg various new features of this plan. In 1907 the legislature of South Dakota passed an excellent law which includes the best features of the various plans that have been most successful. 190 SOUTH DAKOTA, A REPUBLIC OF FRIENDS The Commission Theory. The theory upon which this plan is based is that the management of the affairs of a city is a business proposition to be placed in the hands of a small board having large powers just as any other corporation is managed. This board is elected by the entire city and held responsible by the entire city instead of being made up of representatives of wards of the city. Under the ward system a person who is unfit for the office may be elected alderman from a ward and he will act for the entire city, vote to expend the city's money, an« the city as a whole may not think he is fit to serve, but as long as he can get elected from that ward he will remain in the council. In the city of Chicago a man who was noted for his bad character owned almost every saloon and tenement house in his ward and controlled the voters there so that he was elected over and over again, although the city as a whole did not favor his election. Then, too, an alderman elected from a ward will seek to have his ward improved at the expense of the city. According to the commission theory, a city is too compact a group to be divided ofif into geographical districts, each of which is to have its representatives on the governing board. Five of the best men should be chosen to rule the city regardless of the parts of the city in which they live. Term of Office. According to the commission theory, officers should be elected for a term that is long enough to enable them not simply to learn the duties but to become competent to discharge them well. Each com- missioner is elected for five years. One is elected each year. The Recall. An unwise choice might be made and an incompetent commissioner might be elected. A provision is made whereby the people may put a commissioner out of office and elect another if they choose. A petition THE CITY 191 signed by fifteen per cent of the electors may demand an election to decide whether a commissioner shall be re- tained in office or another elected in his place. A Board of Specialists. One of the principal advan- tages of the commission plan is that the work is appor- tioned among the commissioners according to the special knowledge and ability of each. Where there are five commissioners they are designated as follows : a. Police and Fire Commissioner. This officer has under his special charge the enforcement of all police regulations of the city and general supervision over the fire department. b. Commissioner of Streets and Public Property. He has charge of the supervision of streets and alleys, public grounds, and the lighting and cleaning of them. c. IVaterworks and Sezverage Commissioner. This com- missioner has charge of the construction, maintenance and operation of the waterworks and sewer system and sees to the enforcement of all regulations concerning them. d. Commissioner of Finance and Revenue. He has charge of the laws for the assessment and collections of taxes of all kinds and manages the finances of the city. e. Mayor. One commissioner has general duties as mayor. He presides at meetings of the board and votes with the other commissioners, but has no veto power. Each commissioner has the power of a sheriflf as a peace officer. Responsibility Fixed. Under the ward system it is very difficult to fix responsibility for defects. Under the commission system it is usually easy to know who is at fault if the streets are not properly cleaned or other defects appear. Excepting at the first election or when vacancies are to be filled, only one commissioner is elected at a time. Suppose it is waterworks and sewerage commissioner ; the voters of the city then may choose the 192 SOUTH DAKOTA, A REPUBLIC OF FRIENDS person who is most capable of managing this important department of the city. The board as a whole has the same powers as a city- council under the ward system. As under the ward system, cities under commission are divided into three classes on basis of population. Salaries are classified according to the class to which the city belongs. Qualifications of Commissioners. A commissioner must be an elector, twenty-six years old, and a resident of the city at least two years. Other Officers. All of the usual ofificers and employes, such as city engineer, attorney, etc., are chosen and removed by the board. Cities May Adopt. Any city incorporated under the ward system may adopt the commission plan. A petition signed by fifteen per cent of the voters may demand that an election be held to decide whether the plan shall be adopted. The following South Dakota cities were among the first to adopt the commission plan : Aberdeen, Canton, Dell Rapids, Huron, Pierre Rapid City, Sioux Falls, Ver- million, and Yankton. The population of all of the cities, towns, and villages of the state is given in the Appendix. QUESTIONS. INCOBPOBATION OF A CITY. How may a town incorporate as a city? SPECIAL CHABTEBS. By whom granted? Can the legislature now grant such charters to cities? TWO KINDS OF CITIES. Explain the two kinds of cities. TEBEE CLASSES OF CITIES. What cities are oi the first class? Second? Third? Name some cities in each class. WABD CITIES. CITY COUNCIL. What are aldermen? How many? Who is the presiding ofScer of the city council? What are city ordinances? What are the powers of the city council? CITY ORDINANCES. How passed? THE CITY 193 INITIATIVE AND BEFEBENDUM. Explain hew these apply to city ordinances. THE MAYOB. Term? Power as a peace officer? Pardoning power? Appointive power? "What support must the mayor have to enforce laws against vice and crimes? CITY TBEASVBEB. Who collects nearly all city taxes? What taxes are collected by the city treasurer? CITY COUBTS. What three courts are provided for South Dakota cities? APPOINTIVE OFFICEBS. Make a list of these officers and their duties. CITIES UNDEB COMMISSION. A NEW PLAN. What cities were among the first to adopt the new plan? TEE COMMISSION TEEOBY. What is said as to the size of the board and its election? Under the ward system, how may ;\n unfit person remain in the city council, even if the people of the city do not want him? TEBM OF OFFICE. Why is a long term given the commissioners? TEE BECALL. How may a commissioner who is not satisfactory be put out of office? A BO ABB OF SPECIALISTS. Where there are five commissioners (the usual plan), what is the work of each? BESPONSIBILITIES FIXED. What is the advantage of the com- mission plan for holding officers responsible for their acts? What is the advantage of electing one commissioner at a time? Compare the powers of a board of commissioners with those of a city council. QUALIFICATIONS OF COMMISSIONEBS. Name them. OTEEB OFFICEBS. Name them. CITIES MAY ADOPT. How may cities adopt this plan? CHAPTER XV THE JUDICIAL DEPARTMENT Interpreting and Applying Law. We have studied how laws are passed and how they are enforced by the state, county, township, town, and city. In the enforce- ment of law there must be some method of deciding how the law applies in a given instance, or whether a person who is accused of violating the law is guilty or not. Courts are established to interpret the law and apply it in cases that arise. The United States main- tains a system of courts to try cases which involve the federal constitution and laws (see Chapter VIII), and the state maintains courts to try cases which involve state laws. '^The courts provided for by law in South Dakota are i^{a) the state supreme court, (b) circuit courts, (c) county courts, (d) municipal courts, and (e) courts of justices of the peace. All but the first two have been discusse^ (see Index for references). State Supreme Court Supreme Judges. The supreme court is the highest court in the state. It consists of five judges and holds all of its sessions at Pierre. Until 1909 there were only three judges. The judges are chosen from districts by a vote of the entire state, and their term is six years. While they necessarily live at Pierre^ their legal resi- dence is in the districts from which they were originally chosen. They must be licensed to practice law in the 194 THE JUDICIAL DEPARTMENT 195 State, thirty years old, citizens of the United States, residents of the state two years, and residents of the districts from which they are chosen. Vacancies are filled by appointment by the governor. At least three of the judges hear each case, and at least three must unite in a decision. They adopt their own rules and elect one of their members presiding judge. The pre- siding judge corresponds to chief justice (see Index), as he is called in the supreme court of the United States and of many states. Officers. The judges appoint a clerk to record, all deci- sions and proceedings; a reporter, who must be a law- yer, to publish the opinions and authorities filed by law- yers in cases before the court and the decisions of the court. These decisions are bound and preserved as "South Dakota Reports," and are quoted and referred to as authorities all over the United States; a marshal, to serve papers and perform such duties as the sheriff or constable does in lower courts ; a librarian has charge of the law library ; and stenographers write out testimony, deci- sions, etc. Jurisdiction. By the jurisdiction of a court is meant the power of the court to try cases. There are two prin- cipal kinds of jurisdiction, original and appellate. By original jurisdiction of a court is meant its power to try cases beginning or originating there. Appellate juris- diction is the power of a court to try cases that have been appealed to it from lower courts. Original Jurisdiction. Very few cases ever originate in the supreme court. Nearly all of its work is in hearing cases that have been tried in a lower court, to determine whether the trial was legally conducted. Certain cases may begin in this court, usually those involving what are called remedial writs, such as injunctions, writs of mandamus, habeas corpus, certiorari (see "Writs" in 196 SOUTH DAKOTA, A REPUBLIC OF FRIENDS Glossary for definitions of these terms). The circuit court, however, usually issues these writs and tries the cases involved. In case the state auditor refuses to allow a claim against the state, action may be commenced in the supreme court. Appellate Jurisdiction. Appeals may usually be taken to the supreme court from decisions of lower courts on the following grounds: (a) that the judge did not rule correctly as to what evidence should be admitted; (b) that the judge gave incorrect instructions to the jury, or (c) that the evidence was not sufficient to support the verdict. There are other grounds for appeal not so easily explained here. The supreme court may (a) affirm the judgment of the lower court, (b) reverse it, (c) order a new trial of the case, or (d) in certain cases may order a judgment to be entered in the court below. No Jury. As a general rule judges of a court interpret the law and decide what it means in a given case, and juries decide what the facts are if they are in dispute. The supreme court is a court of law, not of fact, so it never has a jury. If a case coming before it involves a dispute as to what the facts are, the case, or that portion of it, is sent to a circuit court, where a jury is called, testimony taken, and the facts decided. There is no appeal possible from a decision of this court unless the case involves the lazvs or constitution of the United States or is a case between citizens of different states, in which case the matter may be transferred to a federal court. The famous Dred Scott decision (see any United States history) was one of this kind. Constitutionality of a Law. Any law, city ordinance, decision of an officer, or legal proceeding ot any kind must not violate the constitution of the State. The supreme court of the state is the only one that can finally THE JUDICIAL DEPARTMENT 197 decide whether a given law, ordinance, etc., conforms to the state constitution.* To License Attorneys. To practice law in any court of the state, excepting that of a justice of tlie peace, one must have a license. These licenses are granted by the supreme court of the state after an examination of the applicants. Graduates of the college of law at the state university are granted licenses without examination. (To practice law in any federal court, one must have a license issued by a United States district court.) State Circuit Courts Circuit Judges. The state is divided into twelve dis- tricts or "circuits,"! in each of which a judge is elected Fig, 62. State .Judicial Circuits. South Dalcota is divided Into twelve Judicial circuits. This map shows the Indian Reservations as bounded In 1912. S. R. — Standing Koclt. Ch. — Cheyenne River. C. C. — Cherry Creek. L. B. — Lower Brule. P. R. — Pine Ridge. R. — Rosebud. for four years. He must be "learned in the law" (that is, licensed by the supreme court), twenty-five years of age, • The supreme court of the United States finally decides whether a law passed by congress, by the state legislature or any other law making body, or any legal decision or proceeding, violates the constitution o£ the United States. t Called circuits (Lat. circum, avonnd+ire, to go) from the fact that the circuit judges go around from county to county trying cases. See Index, 198 SOUTH DAKOTA, A REPUBLIC OF FRIENDS a citizen of the United States, a resident of the state one year, and a resident of the circuit where elected. Officers. Each organized county elects a clerk of the courts (county and circuit courts) and a sheriff, who act as officers of the circuit court when it is held in the county (twice a year in each county). Stenographers are appointed by the judge to take down testimony and other transactions. Any attorney connected with a case that is being tried is also an officer of the court. In case a person accused of crime cannot afford to employ a lawyer to defend him, the judge appoints one and the county pays for his services. Jurisdiction. The circuit court has original jurisdic- tion in almost any kind of case that may arise. The principal exceptions are as follows : a. Probate Cases (see Index). These are tried in the county court. Many of them may be appealed to the circuit court. b. City and Town Ordinances. Violations of city and town ordinances must be tried before city or town jus- tices or municipal judges. c. Federal Cases. Actions involving the Constitution, treaties, or laws of the United States, or those between states or between citizens of different states are tried in a United States court (see Chapters VIII and XXI). Crimes committed on Indian reservations are also tried in a federal court, and the state courts have no jurisdic- tion over them. Other State Courts. County, municipal, and justice courts have limited jurisdiction in criminal and civil cases, and have the power of committing magistrates in case of felony. Most cases tried in these lower courts may be appealed to the state circuit court (see pp. 288 and 289). THE JUDICIAL DEPARTMENT 199 Criminal and Civil Actions. A criminal action is one prosecuted by the state against a person charged with a public offense or crime. The state is represented by the state's attorney for the county where the offense was committed. A civil action is one brought by a person, firm or corporation against another person, firm, or cor- poration. A civil action is usually called a lawsuit. BEGINNINGS IN A CIVIL ACTION. PARTIES TO AN ACTION. The one who brings a civil action i-. called the plaintiff, and the one against whom the action is brought is called the defendant. SUMMONS. A civil action is commenced by the issuance, in the name of the state, of a summons to the defendant, notifying him that he must make answer to the complaint at a certain time. If the action is brought in a justice court the summons is signed by the justice and served by the sheriff or a constable. If in the circuit court, the summons is signed by the attorney for the plaintiff and is served by the sheriff. In either case a summons may be served by any elector of the county who has no interest in the case. PLEADINGS. The complaint is the formal statement of the facts upon which the plaintiff will rely in the trial. The answer* is the for- mal statement of the defendant. If, in the answer of the defend- ant, a counterclaim is made against the plaintiff, the latter may make a reply to the answer. These papers include every point in dispute and are called the pleadings. It either partyt fails to appear, personally or by counsel, at the appointed time, he loses his case and must pay the costs of the action besides. BEGINNINGS IN A CRIMINAL ACTION. COMPLAINT AND PLEA. In a criminal action the state is the plaintiff (see p. 168) and the one accused of crime is the defendant. The one who makes the complaint before the justice is called the complaining witness. After the complaint has been made a warrant of arrest is issued (see p. 166). The defendant is not summoned, as in a civil case, but is arrested and taken before the justice and here he is required to enter a plea* of guilty or not guilty of the •Instead of an answer or plea the defendant sometimes flies a demurrer, claiming that the court has not iurisdiction, that there are not sufficient grounds stated to support an action, or that there is some other good and legal reason why the case cannot be tried. , tThis use of the word "party" for "person," and its use in such forms as contracts and other legal papers, Is correct and nas the sanction of good usage. Outside of such documents and statements of law, however, this use is not in good taste (see the word "party" in the International dictionary). This is also true of the improper use of such lawyers terms as "said " "same," etc. Thus "The party losing her umbrella may find same at my ofHce," should be, "The person losing her umbrella may find it at my office." 200 SOUTH DAKOTA, A REPUBLIC OF FRIENDS accusation. Usually a trial cannot be held until witnesses have been summoned and other preparations made. In most cases the accused may furnish bail or security for his appearance at the time of the preliminary examination, otherwise he mast stay in jail. In a civil action, it is very rare that the defendant is arrested and held in custody. 8UBFCENA, VENIRE. The summons issued to compel the attend- ance of a witness is called a suhposna (Lat. suh. under + pana punishment). The summons requiring the attendance of jurors is called a venire (Lat. venire, to go). The Opening. After the jury has been selected and sworn, the case is opened by the counsel for the plaintiff (in a criminal case, the state's attorney). He presents the complaint and outlines to the jury what he intends to prove. Evidence. The witnesses for the plaintiff are then examined. The counsel for the plaintiff questions his witness until the facts are brought out, and then the counsel for the defendant questions, or "cross-examines," the witness. After the witnesses for the plaintiff have all testified, the counsel for the defendant opens the case for the defense, explaining to the jury what he intends to prove. The witnesses for the defense then testify, the counsel for the defense first questioning them, and then the counsel for the plaintiff cross-examining them. After the evidence for the defense has been given, the plaintiff may introduce evidence to contradict anything offered in the defense. This is called the rebuttal. Each witness first takes the following oath, adminis- tered by the clerk or by the judge : "You do solemnly sweat that the evidence you shall give relative to the ca-use now under consideration shall be the truth, the whole truth, and nothing but the truth. So help you God." To violate an oath is perjury, a penitentiary offense. People usually dislike to give evidence in court against a person. It should be remembered, however, that in a trial a witness does not act in a private capacity, but is THE JUDICIAL DEPARTMENT 201 exactly like a public official and represents the public welfare and not his own individual desire. This is equally true of pupils giving testimony in school. There is a marked difference between petty "tattling" and the giving of evidence when questioned by the teacher. Arguments. The counsel for the plaintiff then ad- dresses the jury, presenting his argument. The counsel for the defendant follows with his argument, and then the counsel for the plaintiff closes the argument. This is the usual order of the arguments. The argument is often improperly called the "plea" or "pleading." Charge to Jury. The judge then reads his instructions to the jury as to the law in the case. This is called his charge to the jury. A justice of the peace, not necessarily being learned in the law, never gives such instructions. Verdict. The jury then retire to a room by them- selves, consider the evidence, and bring in a decision. If they cannot agree they may be discharged, and a new trial must be held. The verdict (Lat. vera, true -f- dicere, to say) in a criminal case is "guilty'' or "not guilty." In some cases the jury also determine the degree of crime and punishment. In a civil case the verdict is usually, "We find for the plaintiff in the sum of $ and the costs and disbursements of this action, or "We find for the defendant," in which case the plaintiff must pay the costs of the trial. The Jury Grand Jury. It is the duty of the grand jury to investigate causes of crime and accuse any who should be tried. Ir the United States courts the grand jury always meets for this purpose, but in South Dakota a grand jury is not called unless the circuit judge con- siders it necessary or desirable. In the United States 203 SOUTH DAKOTA, A REPUBLIC OF FRIENDS courts the grand jury consists of from fifteen to twenty- three men; in South Dakota, of from six to eight men. Tlie grand jury sits in secret ; the state's attorney is its legal adviser; and it usually examines only the wit- nesses against a suspected person. The grand jury does not decide whether a man is guilty, but simply whether there is enough evidence against a person to accuse him and have him arrested and tried. The accusation may take one of two forms, (a) An indictment (in-dite'- ment) is an accusation drawn up by the state's attorney and approved by the grand jury, (b) A presentment is an accusation made by the grand jury independent of the state's attorney. Petit Jury. The duty of the petit jury is to hear evidence in trials "and decide cases. The petit jury con- sists of twelve men. In criminal cases all must agree in a verdict, but in nearly all civil cases involving no more than one hundred dollars, three-fourths of the jury may decide the case. In justice courts the jury usually consists of six men. How Summoned. Two hundred names of competent persons are chosen from assessors' lists of the various townships, towns, and cities of the county. The clerk of the courts, county auditor, county treasurer and sheriff select by lot from the list of two hundred the number of jurors ordered by the judge of the circuit court. Venires are then issued by the clerk of the courts to the sheriiif* commanding him to summon the persons thus chosen. The following cannot be compelled to serve as jurors: clergymen, physicians, postmasters, mail carriers, fire- men, or those who have served five years as firemen (the latter must be twenty-five years old, and they are also exempt from poll tax), certain county ofiFicers, and all persons over sixty years of age. The common method of selecting jurors in a justice • Venires may be mailed. THE JUDICIAL DEPARTMENT 203 court is for the justice of the peace to make out a list of twelve suitable persons; the plaintiff is then permitted to strike out three names, the defendant three, and the remaining six are summoned. How Impaneled. The Code of Criminal Procedure (Sections 304 and 306) describes the method as follows: "At the opening of the court the clerk must prepare separate bal- lots, containing the names of the persons returned as jurors, which must be folded as nearly alike as possible, and so that the same cannot be seen, and must deposit them in a. sufficient box." "Before the name of any juror is drawn, the box must be closed and shaken, so as to intermingle the ballots therein. The clerk must then, without looking at the ballots, draw them from the box." When a name is drawn, the juror steps forward and is examined as to his qualifications to act as a juror in the case before the court. He may be objected to on certain grounds. The drawing is continued until twelve have been accepted. In case the list of those summoned is exhausted before twelve jurors have been accepted, addi- tional jurors, called talesmen, are summoned. MAXIMS OP JURISPRUDENCE. When the reason of a rule ceases, so should the rule itself. Where the reason is the same, the rule should be the same. One must not change his purpose to the injury of another. Any one may waive the advantage of a law intended solely for his benefit, but a law established for a public reason cannot be contravened by a private agreement. One must so use his own rights as not to Infringe upon the rights o£ another. He who consents to an act is not wronged by It. Acquiescence in error takes away the right of objecting to it. No one can take advantage of his own wrong. He who has fraudulently dispossessed himself of a thing may be treated as if he still had possession. He who can and does not forbid that which is done on his behalf Is deemed to have bidden it. No one should suffer by the act of another. He who takes the benefit must bear the burden. One who grants a thing is presumed to grant also whatever is essential to its use. For every wrong there is a remedy. Between those who are equally In the right, or equally in the wrong, the law does not interpose. Between rights otljerwise eaual, the earliest is preferred. No man is responsible for that which no man can control. The law helps the vigilant before those who sleep on their rights. The law respects form less than substance. That which ought to have been done is to be regarded as done In favor of him to whom, and against him from whom, performance is due. 204 SOUTH DAKOTA, A REPUBLIC OF FRIENDS That whicb does not appear to exist Is to be regarded as if it did not The law never requires impossibilities. ■ The law neither does nor requires Idle acts. The law disregards trifles. Particular expressions qualify those which are general. Contemporaneous exposition is in general the best. The greater contains the less. Superfluity does not yitiate. That is certain which can be made certain. Time does not conflrm a void act. The incident follows the principal, not the principal the incident. An interpretation which gives efEect is preferred to one which makes void. Interpretation must be reasonable. Where one of two innocent persons must suffer by the act of a third, he by whose negligence It happened must be the sufferer. — Civil Code. QUESTIONS. INTEBPEETINO AND APPLYING LAW. Why are courts estab- lished? Name the five kinds of courts in South Dakota. STATE SUPREME COVET. SUPEEME JUDGES. Number? "Where does the supreme court hold all of its sessions? Their qualifications? How chosen? Term of oflSce? How are vacancies filled? How many judges hear each ease? How many must unite in a decision? How is the presiding judge chosen? OFFICEES. Name the officers of the court and their duties. JURISDICTION. What is meant by the jurisdiction of a court? What are the two principal kinds? Define each? OEIGINAL JURISDICTION. What are some of the eases which may originate in the supreme court? APPELLATE JURISDICTION. On what grounds are cases usually appealed to the supreme court? What may the supremo court decide? NO JURY. What does the judge decide in trials? The jury? Why does the supreme court never have a jury? When may eases be appealed from the state supreme court? Give a ease of this kJrd. CONSTITUTIONALITY OF A LAW. Who finally decides whether a legal proceeding violates the constitution of the state? Of the United States? LICENSE ATTORNEYS. Who may practice law? How is a license obtained? STATE CIRCUIT COURTS. CIRCUIT JUDGES. Into how m.any circuits is the state divided? How many judges in each? Term? His qualifications? JUBISDICTION. Name three kinds of cases which may not orig- inate in the circuit court. Other cases, from murder to a petty lawsuit, may originate in this court. OTEER STATE COURTS. Name the other courts of the state. THE JUDICIAL DEPARTMENT 305 JSTEPS IN A TRIAL. CHIMIN AL AND CIVIL ACTIONS. What is a criminal action? See the term ' ' action ' ' in the Glossary. COMPLAINT, SUMMONS, ANSWER. Define plaintiff. De- fendant. See these terms in the Glossary. "What is a civil com- plaint? Who issues a summons? Who serves the summons? What are these three papers called? What is a reply? A demurrer? COMPLAINT, WARRANT, PLEA. Who is the plaintiff in a criminal action? Describe a warrant of arrest. What is bail? See "bail" in the Glossary. SUBPCENA, VENIRE. What are these? See Glossary. THE OPENING. How is the case opened? EVIDENCE. Which witnesses are examined first? When does the counsel for the defense open his side of the case? What oath does a witness take? If a witness does not like to use the word "swear" he may say "affirm," though the effect is exactly the same. What is perjury? Distinguish between giving evidence and "tattEng. " ARGUMENTS. What is the usual order of the arguments by the lawyers ? CHARGE TO JURY. What is this? Why does not a justice of the peace give such instructions to the jury? VERDICT. What is the original (Latin) meaning of this word? What is the verdict in a criminal case? In a civil case? THE JURY. GRAND JURY. What is the duty of the grand jury? What courts call this jury? When is it summoned in South Dakota circuit courts? How many jurors? Tell what this jury does. What is an indictment? A presentment? PETIT JURY. The duty of this jury? Number of jurors? How many must agree in a verdict. SOW SUMMONED. Explain how jurors are chosen. Who are exempt from jury duty? What is the method of selecting jurors in a justic'i court? HOW IMPANELED. Explain the method. What are talesmen? MAXIMS OF JURISPRUDENCE. These are principles which guide when the law makes no definite provision. Bead them carefully. Repeat ten of them. CHAPTER XVI THE PUBLIC SCHOOL SYSTEM The stability of a republican form of government depending on the morality and intelligence of the people, it shall he the duty of the legislature to establish and maintain a general and imiform system of public schools, wherein tuition shall he without charge, and equally open to all, and to adopt all suitable means to secure to the people the advantages and opportunities of education. — Art. VIII, Constitution. Education in a Republic. In kingdoms a prince is edu- cated with great care because some day he may become king and will then have many responsibilities. In a republic like ours, where enlightened public opinion rules, all of the boys and girls are princes and princesses who are certain some day to be the rulers of the greatest coun- try on earth. It is supremely important, then, that they be educated and trained for their duties and responsi- bilities. The ballot is powerful, but intelligent public sentiment is far more powerful, because votes are the ex- pression of public convictions. It is important, then, that all young people be educated even though many of them never vote or hold office. Public Education. Education is a public necessity, for all children have need of training for citizenship. It is right, then, that the public should compel parents to educate their children and should provide schools at public expense. Churches or private organizations may assist in this important work if they wish, but they should never be given public money to carry on the work. As a rule, children should be educated by the people and for 206 THE PUBLIC SCHOOL SYSTEM 207 the people, rather than by a special interest, for that spe- cial interest, however important it may seem. "No appropriation of lands, money or other property or credits to aid any sectarian school shall ever be made by the state, or any county or municipality within the state, nor shall the state or any county or municipality within the state accept any grant, conveyance, gift or bequest of lands, money or other property to be used for sectarian purposes, and no sectarian instruction shall be allowed in any school or institution aided or supported by the state." — Art. VIII, Constitu- tion. Compulsory Education. The session laws of 1909 pro- vide lor compulsory education as follows : "Every person having under his control a child between the ages of eight and fourteen, both inclusive, shall annually cause such child to regularly attend some x'ublic or private day school for the entire term during which the public school in the district in which he resides is in session. Provided, that the district board may decrease the required term of attendance to not less than sixteen weeks, twelve weeks of which must be consecutive. ' ' Truant officers are appointed by the boards in cities and towns having independent school districts, and the county superintendent is the truant officer for other dis- tricts in his county. Any persons who employ children under the age of fifteen during hours when the public schools are in session may be punished. School Districts School Corporations. For the purpose of maintaining public schools the people of the state are organized into school districts. Like the county, township, town, and city, a school district is a corporation, and as such it may sue or be sued, make contracts, own property, and man- age its affairs through its officers. Some school districts are still governed by special charters granted by the ter- ritorial legislature before 1889. These may reorganize and be governed by the general laws of the state. Kinds of Districts. We have a great variety of school districts in this state, some districts comprising the 208 SOUTH DAKOTA, A REPUBLIC OF FRIENDS people of a small area supporting only one school and some comprising the people of several townships sup- porting many schools. They are all governed by the same general laws and have boards with the same powers, the principal differences among them being the area and number of schools maintained in each. Provision is made for dividing the districts that are considered too large or consolidating them if that is desired. Experience seems to indicate decided advantages where the district is made larger rather than smaller. To distinguish these from the "independent" districts provided for towns and cities, we may call them common school districts. It should be borne in mind, however, that independent districts provide "common school" education and common school districts are in most particulars as "independent" as those in cities and towns. Common School Districts. As a general rule a com- mon school district comprises the same area as a civil township. The school board consists of a chairman, elected in 1907 and every three years thereafter; a clerk, elected in 1908 and every three years thereafter; and a treasurer, elected in 1909 and every three years thereafter. The election occurs on the third Tuesday of June, begin- ning at 2:00 o'clock P.M., closing in two hours in districts having but one school and in four hours in districts having more than one school. At 3 :00 o'clock the voters assemble and may decide when schools shall be in session, how much money shall be raised by taxation, provide for repairs to school buildings, the removal of them, the erection of new ones, etc. Special school meetings may be called by a petition of five voters. The school board carries out the decisions of school meetings and makes all provisions not agreed upon then. It provides transportation for children when necessary, employs teachers, plants trees and shrubs on the school THE PUBLIC SCHOOL SYSTEM 209 grounds, and, in general, has charge of the property and affairs of the district. The board holds regular meetings on the second Tuesday in July and the last Tuesday in November and March. Special meetings may be held at any time. The duties of the members of the board are expressed in their titles. The chairman presides at meetings of the board and school meetings, and signs warrants for the payment of money. The clerk keeps records of the trans- actions of the board and of school meetings, draws war- rants on the treasurer for the payment of money, posts election notices, takes a census of the children of school age (over six and under twenty-one) in the district, and sends reports of the census and other matters concern- ing the school district to the county superintendent. He reports the tax levy to the county auditor. The treasurer cares for the money of the school district. School dis- trict taxes are paid to the county treasurer and he sends the money thus collected to the school district treasurer; Tuitions paid by pupils who do not live in the district are paid to the district treasurer. Vacancies on the board are filled by appointments made by the county superintendent until the next election. Township High School. Provision is made for the or- ganization of township districts for the purpose of main- taining a high school. Several townships may unite for this purpose. The other school districts in the township or townships continue to manage their common schools as before. Independent Districts. Most cities and towns of the state are organized as independent districts, though in some cases they are simply a part of a common school district as just described. The independent school dis- trict usually has the same boundaries as the city or town, though it may include outside territory. The pupil alO SOUTH DAKOTA, A REPUBLIC OF FRIENDS should think of the people of a city or town as organized for educational purposes as a school corporation, with officers and property ; and the same people as organized for governmental purposes as a civic corporation, with officers and property. Each corporation is entirely sepa- rate from the other, — indeed, a member of the city coun- cil cannot be a member of the school board. How Organized. Any city or town having a popula- tion of one hundred or more within a radius of one mile from the center, whether incorporated or not, may or- ganize an independent district. A majority of the voters petition the county superintendent and he provides for the necessary elections to decide the matter and to elect officers. Board of Education. The board having charge of the property and affairs of an independent district is called the board of education and consists of five members, each elected from any portion of the district for two years. (In cities under commission each is elected for five years, one each year, at the regular municipal elec- tion.) School elections are held on the third Tuesday in June, except in cities under commission, the polls being open from 8:00 A. M. until 5:00 P. M. A clerk is ap- pointed by the board and the people elect a treasurer for three years, neither being a member of the board. The duties and powers of the board are very much like those of the school boards of common schools, having some- what greater power in taxation and issuance of bonds, building school houses, and providing, for a high school. Teachers' Certificates "No person shall be allowed to teaeh in any of the public schools of this state nor draw wages as a public school teacher who is not a holder of a valid teachers ' certificate. ' ' "No person shall be entitled to a certificate of any grade who has not attained the age of eighteen years and who does not present evidence of good moral character." — Session Laws, 1907. HIGH SCHOOL BUILDINGS. Sioux Falls. Watertown. Pierre. Webster. Armour. Clear Lake. SOME ARTISTIC STRUCTURES. Methodist Church, Aberdeen. Court House Square and Co. H Monument, Watertown. Elks' Club House, Watertown. Carnegie Library. Milbank. THE PUBLIC SCHOOL SYSTEM 213 Professional Certificates. Two kinds of professional certificates are issued by the superintendent of public instruction — life diplomas and state certificates. Either one entitles the holder to teach in any common school or high school of the state. A life diploma may be obtained by a teacher who has had forty months of successful experience if (a) he is a graduate of the state university or an approved college and has taken a certain amount of professional work ; (b) if he is a graduate of a state normal school, or nor- mal school of equal grade, and has taken at least six years of work beyond the eighth grade ; or (c) by passing ex- aminations. A state certificate, valid for five years, may be obtained by graduates of state normal schools, or other schools of equal rank, providing the course completed extends six years beyond the eighth grade and contains a certain amount of professional work, and providing also that the applicant has had eighteen months' successful ex- perience in teaching. Provisional certificates, of equal rank with state cer- tificates and valid for two years, are issued to normal school graduates who have not had the required ex- perience in teaching. A state certificate may also be obtained by examination provided the applicant has had at least twenty-four months' successful experience. The longer experience is required for those who are not nor- mal school graduates because of their lack of profes- sional training, which includes practice teaching under trained critics. A state certificate may be renewed. Elementary School Certificates. Four kinds of cer- tificates are issued by the superintendent of public in- struction, which entitle the holders to teach in the first eight grades of the public schools. First grade certificates are valid for three years in any county of the state. To 214 SOUTH DAKOTA, A REPUBLIC OF FRIENDS obtain one of these certificates a person must pass a suitable examination or do four years' work beyond the eighth grade, two years of which must be in a state normal school or an approved school which has a normal department in which professional work and practice teach- ing are done. Successful experience covering a period of six months is also required. The first grade certificate may be renewed without examination if the teacher is suc- cessful. A second grade certificate may be obtained by examination or by doing two years' normal school work beyond the eighth grade. It is valid for two years. Third grade certificates may be obtained only by examination and are valid for one year in a certain district designated by the county superintendent. Only two of these cer- tificates may be issued to the same person. A primary certificate may be issued to teachers in kindergartens and in first and second grades of city and town schools. It is valid for five years in the county where issued but may be made valid in other counties by the endorsement of the county superintendent. EXAMINATIONS. For second grade certifleates: orthography, leading, writing, arithmetic, physiology and hygiene with special reference to the effect of alcoholic drinks and narocties upon the human system, geography, English grammar, history of the United States, civil government. South Dakota history, didactics, and draw- ing. Third grade certificates may be issued in the discretion of the state superintendent to those who have failed in their examination to measure up to the requirements of the department for a second grade certificate. For first grade certificates : current events, physical geography and American literature in addition to the foregoing subjects. For primary certificates: the same as for second grade excepting kindergarten and primary methods are substituted for civil government. SPECIAL CERTIFICATES of the first, second, or third grade may be issued by county superintendents to applicants who were unable to be present at the regular public examination. Such certifi- cates, like the other elementary school certificates, are valid only in grades below the high school and only until the next regular exami- nation. Special Provisions. In independent districts in cities of the first class (having a population of 10,000 or more) the board of education appoints two persons who, with THE PUBLIC SCHOOL SYSTEM 215 the city superintendent as chairman, constitute an ex- amining committee. This examining committee has power to issue certificates to teachers in that district. In independent districts special teachers of music, drawing, penmanship, bookkeeping, foreign languages or kindergarten methods are not required to hold cer- tificates. Fees for Certificates. Fees must be paid by applicants for certificates as follows : Life diplomas, ten dollars ; state certificates, five dollars (either one is free to resi- dent college or normal school graduates) ; other certifi- cates, one dollar. One-half of the fee is returned in case of failure to get a state certificate or life diploma. REVOCATION OF CESTIFICATES. "The county superintendent is hereby authorized and required to revoke at any time first, second, or third grade certificates and primary teachers' certificates for any cause which would have prevented the issue of the same, — for incom- petency, immorality, intemperance, violation of the state law, cruelty, general neglect of the business of the school, — and for refusal and neglect to attend regularly a county institute and at least one district institute each year, after due notice, provided that hoMws of first (grade) or higher certificates, in force, who have attended regularly at least four normal institutes may be excused by the county or state superintendent, in his discretion, from attendance at county institute for such current year." — Session Laws, 1907. For similar reasons the state superintendent may re- voke life diplomas or state certificates, and the city super- intendent of cities of the first class may revoke certifi- cates issued by the examining committee of which he is chairman. SCHOOL LAW ITEMS BIBLE BEADING. "No sectarian doctrine may be taught or inculcated in any of the schools of the corporation, but the Bible with- out sectarian comment, may be read therein." TBEE PLANTING. "It is hereby made the duty of the officers of every school district in the state of South Dakota to plant trees and shrubs upon the grounds of each school house in their district and to encourage the school children to plant such trees and shrubs and to cultivate and protect the same." 316 SOUTH DAKOTA, A REPUBLIC OF FRIENDS CONSOLIDATION. "Any school in the district may be discon- tinued by the district school board, for the purpose of combining two or more schools into one and to make arrangements for the transporta- tion of the pupils to said school or schools if, in the judgment of the board, it is to the best interests of the pupils and the district." SCHOOL PESIODS. ' ' The school year shall begin July first and end June thirtieth. A school month shall consist of twenty days, a school week of five days, a school day of five hours, exclusive of inter- mission. Provided, that I he time specified as a school day shall not apply to primary schools. Saturdays shall not be counted as school , days. ' ' SCHOOL HOLIDAYS. "The teacher shall not hold school upon any of the following legal holidays: The thirtieth day of May, the fourth of July, the day appointed by the President of the United States for national thanksgiving, and the twenty-fifth day of Decem- ber. But such days shall count as a part of the term and the teacher shall be paid therefor, but such pay shall not be drawn for any Sunday. ' ' COMMON SCHOOL SUBJECTS. "Instruction shall be given in the common schools of the state in the following branches, in the several grades in which each may be required, viz.: reading, writing, orthography, arithmetic, geography, primary language and English grammar, history of the United States, history of South Dakota, physiology and hygiene, with special instruction as to the nature of alcoholic drinks and narcotics and their effects upon the human sys- tem, civil government, and drawing." ETHICAL INSTRUCTION. "Moral instruction intended to im- press upon the mind of pupils the importance of truthfulness, temper- ance, purity, public spirit, patriotism and respect for honest labor, obediejice to parents and due deference for old .ige, shall be given by every teacher in the public service of the state." QUESTIONS. EDUCATION IN A REPUBLIC. Show the need for general educa- tion in a republic. What is more powerful than the ballot? PUBLIC EDUCATION. Show that the public should compel parents to educate their children. What does the constitution of the state provide concerning the public money for sectarian schools? COMPULSORY EDUCATION. What is the law in South Dakota? SCHOOL DISTRICTS. SCHOOL CORPORATIONS. What are the general powers of school districts? KINDS OF DISTRICTS. What can you say as to the size of school districts in this state? What may be done if the district is con- sidered too large or too small? What are the two classes of districts? COMMON SCHOOL DISTRICTS. What is the usual area com- prised? How many members of the school board? Their titles? When is each elected? Describe the school meeting. What are the THE PUBLIC SCHOOL SYSTEM 217 duties of the board? Of each member of the board? How are vacancies filled? TOWNSHIP EIGH SCHOOL. Explain how districts may consolidate for a high school. INDEPENDENT DISTRICTS. "What are the usual boundaries? Show the relation of the school district to the city or town. HOW ORGANIZED. Explain how an independent district may be organized. BOARD OF EDUCATION. Number of members? Terms? When elected? How is the clerk selected? The treasurer? What is eaid of the powers of the board? TEACHERS' CERTIFICATES. How old must a teacher be? Why is a good moral character required of a teacher, but not of a member of the school board? Should not a good moral character be required of every public servant? PROFESSIONAL CERTIFICATES. How may a life diploma be obtained? A state certificate? For how long valid? How are pro- visional certificates obtained? What is their rank? ELEMENTARY SCHOOL CERTIFICATES. Where may one teach if he has one of these certificates? Who issues them? Explain how each of the four kinds may be obtained, and for how long it is valid. What special certificates may be issued? By whom? SPECIAL PROVISIONS. What special powers in granting certifi- cates have independent districts in cities of the first class? FEES FOE CERTIFICATES. What fees are charged for teachers' certificates ? REVOCATION OF CERTIFICATES. Tor what causes may certifi- cates be revoked? By whom? SCHOOL LAW ITEMS. What are the provisions of the law concerning Bible reading? Tree planting? Consolidation? School years, months, and days? School holidays? Common school subjects? Tuition for eighth grade graduates? ' ' That the nation snail, under God, have a new birth of freedom, and that government of the people, hy the people, for the people, shall not perish from the earth." — Lincoln. CHAPTER XVII NOMINATIONS AND ELECTIONS Popular Elections. That those who are clothed with the power of carrying on the government may adminis- ter their duties for the benefit of the public rather than for their own interest, we elect them for a limited time. In some cases, as in cities under commission, the people may recall an officer who is not considered a competent or faithful public servant. Political Parties. Differences of opinion give rise to political parties. This is illustrated in the first division of the people into political parties after the adoption of our federal constitution. Washington was unanimously elected President. There were no national parties, the nearest approach to them being the division of sentiment as to whether the constitution should be adopted or not, and this difference of opinion rapidly disappeared. John Jay was then in charge of the department of foreign affairs and continued after Washington became Presi- dent. When congress provided for a secretary of foreign affairs (later called secretary of state) Washington asked Jay to accept the office. Jay refused the appointment, preferring a later one as chief justice of the supreme court, and Washington offered it to Thomas Jefferson, then minister to France, and presumably the next best informed person on foreign affairs. Robert Morris, who had charge of the finance department before the consti- tution took the place of the articles of confederation, was 218 NOMINATIONS AND ELECTIONS 319 offered the position of secretary of the treasury. He declined, but recommended a younger man, Alexander Hamilton. Washington had a very high opinion of this brainy young man and appointed him. Henry Knox was continued as secretary of war, and Edmund Ran- dolph was appointed to fill the new office of attorney general. Washington considered the chief justice of the supreme court, John Jay, and the Vice-President, John Adams, his official advisers as well as members of his cabinet. These men were not selected from opposite political parties, as was once taught, but new political parties soon arose because of differences of opinion which developed among these men as to the policy and plan of carrying on the government. It soon appeared that Jef- ferson and Hamilton were the real leaders in political action, Jefferson favoring a strict adherence to the con- stitution and being very democratic, and Hamilton being aristocratic and favoring a liberal or "loose" interpreta- tion of the constitution. Hamilton recommended tliat congress charter a United States bank, somewhat like the Bank of England, of which the government should be a stockholder and part manager. Jefferson opposed the plan because he could not find that any power to establish a bank was given to congress in the constitution. Hamilton argued that the con- stitution gave congress power ' ' to make all laws which shall be necessary and proper for carrying into execution the foregoing powers," among which was the power "to lay and collect taxes," ' ' to pay the debts, ' ' etc. The basis for two political parties, bound to arise among thinking men, grew out of the differences between these two leaders who, as Jefferson said, were ' ' pitted against each other every day in the cabinet like two fighting cocks." The construction or interpretation given to the constitution by Hamilton and his followers is called "loose," "elastic," or "broad," and we say they were "loose constructionists." They called themselves Federalists, the name which had previously been applied to those who favored the new constitution. Jefferson and his followers were said to be "strict constructionists," and the followers which rapidly formed about them in opposition to the Federalists were called by themselves Republicans, by their opponents, Democrats. In 1793 France declared war on Great Britain. We had made a treaty alliance with France in 1778 by the terms of which both the United States and France agreed to protect forever each other's pos- 220 SOUTH DAKOTA, A REPUBLIC OF FRIENDS sessions in America. France expected us to help her defend her West India islands. Washington asked his advisers whether the treaty was in force. Jefferson said "yes," and, strictly interpreting the treaty, he was doubtless right, though such an interpretation meant another war with Great Britain. Hamilton said "no," our national existence depended upon our keeping out of European wars. Washington adopted Hamilton's view and issued his famous neutrality proclama- tion, which was of untold benefit to us. In those days our national politics took color from the great struggle then going on in Europe, the Federalists siding with England and the Republicans taking the side of the French. A visitor to the United States at that time remarked that he found ' ' many who favored France, many who favored England, but none who favored the United States." Group Action. Every person is greatly influenced by the opinions of the community and of leaders. What one thinks is proper to wear, to eat, to say, and to do, is not due so much to his independent judgment as to the influence of public opinion. There are certain senti- ments, beliefs, and standards of action which the group has, and these shape to a large extent the sentiments and convictions of each individual. As people become more civilized they think and act more in common. This is called the "solidarity of the race." We say we "belong" to a certain church, to this political party, or to that society or lodge. And we do "belong" to them — are governed by them in our thoughts and actions — more than we appreciate. Nearly all people who are not mem- bers of any church really belong to the great Christian world of men and women, are following the same ideals, cherish the same hopes, and contribute to the same worthy causes. Now this is just as true of political parties as it is of churches. Our political beliefs and utterances, our votes and legal actions, are due to the great body of beliefs, of attitudes, and of desires as to government which society as a whole has developed. "/ am half of what I am because others are what they are." Need for Political Parties. Political parties are needed in developing ideals of government, standards of public NOMINATIONS AND ELECTIONS 321 action and public welfare, just as churches are needed for developing religious ideals and standards of conduct and morality. Each is a social instrument for carrying on a great work. The church is much more pure, and its defects are much fewer, but the very fact that politics is so often corrupt, insincere, and base, is the best reason in the world why all true citizens should co-operate more actively so that justice and civic righteousness may rule. As long as political parties are corruptly man- aged, so long will our government be dishonest, and in- fluences for evil will flourish. It is just as important, perhaps even more important, that people take an earnest and intelligent interest in nominating candidates as in electing officials ; in forming wholesome public senti- ment on temperance and honesty, as in seeing to it that the liquor laws are enforced and that robbery is pun- ished. A law which is not supported by public senti- ment will be a "dead letter," but a public sentiment will often enforce action when, there is no support of law, or it will soon secure legal support. The Independent Voter. While party support and co- operation is necessary to get good government, the voter should not be a slave to his party. Most persons belong to the parties of their fathers and many have not the courage or intelligence to think and vote independently. They always vote the "straight party ticket," they are blind followers of political "bosses." Party support and party loyalty is a good thing, but the public good should always be first, — a political party is only a means to good government. Nomination of Candidates Caucus and Convention Method. Before 1907 candi- dates for office in South Dakota were nominated as fol- lows : A caucus, or gathering of the voters of a political 322 SOUTH DAKOTA, A REPUBLIC OF FRIENDS party in a township, town, or city ward, was held. This was also called the primary (Lat. primus, first). Here in open meeting delegates were selected to a county con- vention. The county convention selected delegates to a state convention, and this convention selected candi- dates for state offices, for congress, and, in presidential years, for presidential electors. The state conventions also selected delegates to a national convention which nominated candidates for President and Vice-President. Later in the summer caucuses were usually again held, delegates elected to county conventions, and these county conventions selected candidates for county offices. Each political party held its own caucuses and conventions. It was so easy for a skillful politician and a few interested persons to control the caucus and the convention that very often men were nominated regardless of their fitness and honesty. A few political leaders usually controlled the political party and the term ."political boss" came to be applied to many of them. Primary Election Method. Many people believed that if the conventions were done away with, so far as pos- sible, and the voters of a party could vote directly for candidates, there would be less opportunity for political corruption. The legislature of 1907, therefore, provided that candidates for state, legislative, and county offices should be selected by the party voters of each party on the first Tuesday of June, 1910, and every two years thereafter. Republicans are given ballots on which are printed the names of all Republican candidates for state and county offices. Democrats are given ballots contain- ing the names of Democrats who seek nomination of their party, and the Prohibitionists, Socialists or any other political party have their own separate tickets. One defect in this plan is that it is possible for Demo- crats to ask for Republican tickets and then help nomi- NOMINATIONS AND ELECTIONS 233 nate undesirable candidates, or for Republicans to take Democratic tickets. To prevent this the legislature of 1911 provided that each voter must sign a declaration that he is a member of a certain political party and that he intends to support the candidates nominated by it. To have his name printed on one of these ballots, a candidate must get a petition signed by from one per cent to five per cent of the voters of his party in the state, if it is a state office, or from three per cent to five per cent in the county if it is a county office. While this is called a primary election, it is not an election to oMce, but sim- ply to a place in the column of party candidates on the ballot used in the November election. EXAMPLE. Suppose that A, B, and C are all Eepublicans and that each seeks to get the nomination of his party for county judge. Each one must have a petition signed by not less than three per cent of the Eepublicans of the county, nor more than five per cent of them (the number is determined from the number of Republican votes for governor in that county at the last election). These petitions are filed with the county auditor, who must hove their names printed on the Eepublican ticket. At the June primary election the Eepublicans will elect ^, B, or C as their party candidate for county judge. Suppose A is chosen. In the November election, then, A's name will appear on the ballot as the Eepublican candidate for this oflBce. In a similar way a Democratic candidate for county judge is nominated by the Democrats at the June primary election, and thus each of the other political parties nominates its candidates. Now at the Novem- ber election the voter is given a ballot containing the names of all of those candidates (see p. 231). If he wishes to vote for the Eepub- lican candidate for county judge, he makes an X before the name of A, the Eepublican candidate. Or, if he wishes to vote for the candidate of some other party, he may do so. At this June primary election in presidential election years delegates are elected to the national conventions which nominate candidates for President and Vice Presi- dent. Each political party elects twice as many delegates to the national convention as there are representatives and senators in congress from the state. This is more fully explained on page 250. 224 SOUTH DAKOTA, A REPUBLIC OF FRIENDS United States Senator. The state legislature CiCCts United States Senators. This method has proven so very unsatisfactory that repeated efforts have been made to amend the constitution of the United States so that the people may directly elect them, but every attempt has been defeated by the United States senate, many of the senators knowing well enough that they could never hope to be chosen if the will of the, people could assert itself in a general election. For a long time, however, political parties in South Dakota have been accustomed to nominate their candidates for this office. When the legislature meets the members of the party in power never have failed to choose the man who was nominated by their party. Primary Method Unsatisfactory. The law of 1907 has not operated with a very large measure of satisfaction, though it has convinced everyone of the serious defects of the old plan. Changes in many details will doubtless be made from time to time. In general outline, however, the primary election plan will doubtless remain for a long time. Elections The Campaign. Each political party usually has a national committee, made up of one member from each state and territory; a state committee, made up of one member from each county; a county committee, made up of one member from each voting precinct, and a local committee for each township, town, and city. These committees look after party interests, employ speakers, send out campaign literature, and, in general, have charge of the political campaign. In the heat of an election con- test many things are said and done that would not occur ordinarily. In former days there used to be torch light processions, "barbecues" where whole roasted oxen were NOMINATIONS AND ELECTIONS 225 eaten and intoxicating liquors were freely dispensed, and other spectacular events. The appeal today is more to the intelligence of the voter and less to his passions. Polling Places. A place to vote must be provided for each township, city, and town (if fifty voters petition for it). If there are more than five hundred voters in a precinct it may be divided. In ward cities there is one polling place for each ward. The room is usually divided oflf by a railing, within which are the judges of election having charge of the ballots and ballot boxes, and booths which are so arranged that each voter may enter one and mark his ballot secretly. There must be one booth for every fifty voters. Judges of Election. The county commissioners appoint three voters from each voting precinct to act as judges of election. They must appoint the persons named by dif- ferent political parties, if the county committee of a political party does not name a judge, pounty commis- sioners use their own judgment. One of the judges is named as superintendent and he has charge of the erec- tion of booths. The three judges appoint two clerks to assist them. Each judge and clerk must take an oath to perform his duties according to law and "to prevent fraud, deceit and abuse" in the election. Ballots. The county auditor must provide ballots con- taining the names of candidates and separate ballots for proposed amendments to the constitution and laws to be voted on (by initiative or referendum). One hundred ballots are furnished each precinct for every fifty votes cast there at the preceding election. Sample ballots, printed on dififerent colored paper, and instruction cards are also furnished by him. The ballots for amendments and laws contain simply the titles of those proposed with places for marking. The proposed amendments and laws gS6 SOUTH DAKOTA, A REPUBLIC OF FRIENDS are printed and mailed to each voter in advance of the election, so that he may be informed concerning them. Method of Voting. The voter advances to the judges and is given a ballot (or ballots), having stamped on the back "Official Ballot," signed with the initials of one of the judges. He then goes to a booth and with a pencil or stamp marks it as he wishes to vote. He then folds it so that the stamp shows and hands it to a judge, an- nouncing his name to the clerks. The judge deposits the ballot in the ballot box and the clerks check the person's name to show that he has voted. A voter who is blind or physically unable to mark his ballot may be assisted by two of the judges belonging to different political par- ties. No electioneering (urging people to vote for certain candidates or propositions) is permitted inside the polling place or within fifty feet of it. Any voter may require leave of absence from his work for two hours, without loss of pay, in order to vote. The voter must not make any private mark on his ballot by which it may be identified. This is to prevent people from selling their votes and then having something on the ballots to show that they voted as they promised. Qualifications of Electors. An elector is one who may vote. The constitution of South Dakota (Article VH) provides that an elector must have the following quali- fications : 1. Male resident of the state. 2. Twenty-one years of age. 3. A citizen of the United States or an alien who has declared his intention to become a citizen (see "Natur- alization," in chapter XVUI). 4. Resided in the United States one year before the election, in the state six months, in the county thirty days, and ten days in the election precinct where he oflfers his vote. Woman Suffrage. Sufifrage means, the right to vote. Women do not have the right to vote in South Dakota except "at any election held solely for school purposes." To vote at a school election a woman must have quali- fications (2), (3), and (4). NOMINATIONS AND ELECTIONS 327 Disqualifications. The following persons may not vote in South Dakota: 1. Those who lack any one of the four qualifications. . 2. Insane persons or those under guardianship. 3. A soldier of the United States army or sailor of the navy who may be stationed in the state, unless his home was here when he enlisted. A soldier or sailor or any person employed by the United States who leaves the state in the discharge of his duties does not lose his residence but may return home at election time and vote. This is true of a student attending school. 4. "Nor shall any person convicted of treason or felony be qualified to vote at any election unless restored to civic rights." — Art. 7, Constitution. 5. A person convicted upon impeachment charges may be disfranchised (deprived of the right to vote) and disqualified from holding office. 6. An Indian who has not "severed his tribal rela- tions," that is, who still lives on a reservation and is sub- ject to the control of the agency. Such Indians are said to be "wards of the United States," and cannot buy or sell land, cattle, horses, or other property and cannot even kill their own cattle without permission of the agent on the reservation. This guardianship is necessary to pro- tect them. Many of the Indians of South Dakota live in citizen communities and vote and hold property, and many are very prosperous. Challenging. If it is believed that a person who offers to vote is not legally qualified, his right to vote may be challenged by one of the judges or by any other voter. The judges then explain to him the qualifications of a voter. If he declares he is qualified, he may be required to take an oath to that effect and may be required to sign it. A violation of an oath is called perjury and is a peni- tentiary offense. 228 SOUTH DAKOTA, A REPUBLIC OF FRIENDS Canvassing Returns. The polls are open, in general elections, from 8 :00 o'clock A. M. until 5 :00 P. M. When the polls are closed the judges open the ballot box and publicly count the ballots to see that there are not more ballots than the poll list (list of voters) shows. If sev- eral ballots are found folded together they are destroyed. The votes for each candidate are then carefully counted, entered in the pc^ll book, and certified by the judges and clerks. The votes and poll list are put in the ballot box, which is locked and sealed (with white paper seals hav- ing the names of the judges) and sent to the chairman of the county commissioners. If the election is for local offices, returns are sent to city council or town board. The key to the box and the poll book are sent to the county auditor. These votes are canvassed by the county auditor and a majority of the county commissioners (or the county treasurer; county judge and one county com- missioner, none of whom could have been candidates at the election). The poll books are carefully looked over and a list is made of the votes received for the different candidates in the various polling places of the county. In this way they decide what county officers have been elected. The county auditor makes an abstract, or sum- mary, of the votes cast for various candidates and sends it to the secretary of state (he also sends copies of the abstract of votes for state officers to the governor, and to the presiding judge of the supreme court). The state board of canvassers then add up the votes from the various counties and decide who were elected to those offices which are filled by state-wide election (see Chapter X). Contested Election. If a defeated candidate thinks the votes have been incorrectly counted he may bring action in court to have the ballot boxes opened and the ballots all recounted. NOMINATIONS AND ELECTIONS 229 The Short Ballot. There are so many candidates for so many offices that the average voter knows very little about any of them. Few men besides professional poli- ticians can name even one-half of the men he has voted for after he has handed his ballot to the election judge, and of that half he knows very little. Because of these conditions there has grown up a strong movement in the United States, supported by a large number of our best statesmen and safest leaders, to elect only those officers who have general administrative powers, having them appoint such officers as have clerical or technical duties. The county commissioners could appoint their own clerk (county auditor), a surveyor, coroner, regis- ter of deeds, etc. If we elected only a few officers at a time we would become far more familiar with their qualifications and our elections would be less dependent upon the political "boss" and political "machine," — the people and not a small group of politicians would choose the officers. "The short ballot principle has been endorsed by every living American writer on political science." LONGER TEEM AND RECALL. In order that only a few officers be elected at one time, many people believe that it would be well to have some terms of office longer. To prevent the person who is elected for a long term from misusing his powers, it is pro- posed that the people shall have the right to recall an official as is now provided for in cities under commission (see Chapter XIV). The principles of the initiative and referendum, the primary election, the short ballot, and the recall are being very generally discussed at present. Objections are made by many to the recall of judges, on the ground that they should be independent of public opinion, and thus free to decide questions involved in accordance with law, being better qualified by their knowledge of the law, and having a better op- portunity by presiding at the trial of the ease to learn all of the facts, than the public. It is argued, on the other hand, that if the people are qualified to put judges in office by a popular vote, they are equally well qualified to put them out of office in a similar manner. 330 SOUTH DAKOTA, A REPUBLIC OF FRIENDS QUESTIONS. POPULAR ELECTIONS. Why are officers elected for a limited time? POLITICAL PASTIES. What gives rise to political parties? Explain how Washington selected his cabinet. Who became the leaders? What did each advocate? What political parties arose? What foreign nation did each party favor? GROUP ACTION. What influences individuals? Explain. What is meant by the "solidarity of the race"? Explain. NEED FOR POLITICAL PARTIES. Why are political parties needed? What is said of the importance of nominating good candi- dates for office? INDEPENDENT VOTERS. To vphat parties do most persons belong? Why? What should be more important than the political party? CAUCUS AND CONVENTION METHOD. What is a caucus? Hovf conducted? What did the county convention do? The state convention? What evils resulted from this method? PRIMARY ELECTION METHOD. Explain the plan of the primary election. What is one defect of this plan? How does a candidate get his name on the ballot? What is done in the June primary election? Give an example like the oiie in the book. UNITED STATES SENATE. How are United States senators elected? How are candidates nominated in South Dakota? PRIMARY METHOD UNSATISFACTORY. How has the law of 1907 worked? THE CAMPAIGN. What committees do political parties have? What is said as to the conduct of campaigns? POLLING PLACES. What is a polling place? What polling places must be provided in each county? JUDGES OF ELECTION. How many? How chosen? How many clerks? BALLOTS. Who provides ballots? What do the ballots contain? How many ballots are furnished each precinct? METHOD OF VOTING. Describe the method of voting. Explain how a blind voter may be assisted. QUALIFICATIONS OF ELECTORS. Name the four qualifications of a voter. WOMAN SUFFRAGE. At what elections may women vote in South Dakota? DISQUALIFICATIONS. Name the six classes of persons who may not vote. CHALLENGING. When may a person's vote be challenged? By whom? What is done then? CANVASSING RETURNS. When are the polls opened? How are the ballots counted? What is done with the ballots and poll list? Who canvasses the votes for the county? For the state? CONTESTED ELECTION. Explain what is meant. ^ ■Sip t I it fs '^loooooo o li ODO 11 ob LU a z ^ a- ? uj e Q O o o a I ! > I ^ I • ' In' DiDDOObo iJ «• 10 o S BS as I I :| OiOOO'OOOO I I PJlil !!■!!■ ii iii^ r ii ii I I I I I I I s OOQQ.O.O iC ■? JO 5 !■ SI i; I'll' I I 'I il J il '1 ^ obloloioobOiDoo OOP ^ CO ■§ L k_ U_ I?. looooloioioooooooooioooooooc il Ii ^ JO 1= Is !l 3 il il |i If ooooooooooooooooooooooc o H O < o <; o w X H PART III. UNITED STATES CIVIL GOVERNMENT CHAPTER XVIII CONGRESS We, the people of the United States, in order to form a more per- fect union, establish justice, insure domestic tranquillity, provide for the common defense, promote the general welfare, and secure the blessings of liberty to f>urselves and our posterity, do ordain and establish this Constitution for the United States of America. AETICLE I Section 1. — 1. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. The House of Representatives Section 2. — 1. The Houst' of Representatives shall be composed of members chosen every second year by the people of the several states; and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature. [Electors are voters.*] 2. No person shall be a representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen. 3. Representatives and direct taxes shall be apportioned among the several states which may be included within this Union, accord- ing to their respective numbers. [The remainder of this clause is omitted because it has been changed by the 14th amendment.] Apportionment of Representatives. After each census Congress must decide how many representatives there shall be and how many from each state. After the cen- • The explanation and references in parentheses are not portions of the Constitution of the United States. 233 234 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 7 7 ^c? sus of 1910 Congress fixed the number of representatives (to go into effect March 4, 1913), at 435 (see p. 250). DEBATE IN TEE HOUSE. The large number of representatives makes it necessary to limit debate in a number of ways. Before a debate on a bill begins the Speaker and the chairman of the com- mittee having the bill in charge arrange the list of speakers for and against it. The chairman of the committee usually leads in the debate and closes it, yielding portions of his time to other members in favor of the bill. The time assigned to those opposed to the bill is usually given to the leader of the minority party, who yields to those who have arranged to be heard in opposition. In the committee of the whole (see p. 129) speeches are limited to five minutes on each question. In the Senate, debate is unlimited, and any senator who may "get the floor" may keep it indefinitely. PAIRING. Two members who are on opposite sides may "pair" and agree that if one is absent when a vote is taken the other will not vote. Sometimes members are paired for a single vote and sometimes for an indefinite period. Pairs are usually announced and recorded that there may be no misunderstanding. 4. When vacancies happen in the representation from any state, the executive authority thereof (the governor) shall issue writs of election to fill such vacancies. OongresHonal Districts. Until 1913 South Dakota had two representa- tives in Congress and these were elected "at large," that is, from any por- tion of the state. There are now ttiree representatives apportioned to this state and they are elected from the three congressional districts. See page 123, CONGRESS 235 If a vacancy occurs in the representation of any state a special election is called by the governor. In June, 1908, Hon. W. H. Parker, one of the representatives from South Dakota, died. Governor Crawford called a spe- cial election to fill the vacancy in November, 1908, at the same time that the general election was held. Hon. Eben W. Martin was elected to fill the unexpired term, ending March 4, 1909. At the general election, held at the same time, Mr. Martin was elected to the 61st Con- gress, beginning March 4, 1909, and ending March 4, 1911. "A Congress" used in this sense means a two- year term, beginning March 4 of an odd numbered year. The first Congress extended from March 4, 1789, to March 4, 1791. 5. The House of Representatives shall choose their speaker and other officers, and shall have the sole power of impeachment. [See Chapter IX.] The following persons have been impeached (accused) by the house of representatives and tried by the senate : .John Pickering, U. S. Judge, found guilty, removed from oiBce. Samuel Chase, U- S. Judge, acquitted. James Peck, V. S. Judge, acquitted. W. W. Humphreys, U. S. Judge, found guilty, removed from office. Andrew Johnson, President, acquitted. W. W. Belknap, Secretary of War, acquitted. Charles Swayne, U. S. Judge, acquitted. William Blount, a senator from Tennessee, was also impeached by the House of Representatives but the Senate refused to try him on the grounds that a senator or representative is not subject to impeachment The United States Senate. Section S.- — 1. The Senate of the United States shall be composed of two senators from each state, chosen by the legislature thereof, for six years; and each senator shall have one vote. 2. Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be, into three classes. The seats of the senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expira- tion of the sixth year, so that one-third may be chosen every second year; and if vacancies happen, by resignation or otherwise, during the recess of the legislature of any state, the executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies, 236 SOUTH DAKOTA, A REPUBLIC OF FRIENDS In July, 1901, Hon. J. H. Kyle, one of our United States senators, died. Governor Herreid appointed Hon. A. B. Kittredge to fill the vacancy until the legislature met in 1903. At that time he was chosen by the legis- lature to fill the unexpired term, which ended March 4, 1903, and was also elected by the legislature for the next term beginning March 4, 1903, and ending March 4, 1909. 3. No person shall be a senator who shall not have attained the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen. 4. The Vice-President of the United States shall be president of the Senate, but shall have no vote, unless they be equally divided. 5. The Senate shall choose their other officers and also a president pro tempore, in the absence of the Vice-President, or when he shall exercise the office of President of the United States. 6. The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the chief justice shall preside; and no person shall be convicted without the concur- rence of two-thirds of the members present. 7. Judgment* in cases of impeachment shall not extend further than to removal from office, and disqualification to hohl and enjoy any office of honor, trust or profit, under the United States; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law. Section 4. — 1. The times, places and manner of holding elections for senators and representatives shall be prescribed in each state by the legislature thereof; but the Congress may, at any time, by law, make or alter such reguhitions, except as to the places of choosing senators. 2. The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day. Sess ions of C ongress . Each Congress has two regular sessions and has special sessions if called by the Presi- dent of the United States. Since regular sessions begin the first Monday of December, the last one onust be a short session because it must end March 4. * It is interesting to note that impeachment in England, where it originated in 1376, may be applied to any person excepting the king and any kind of punishment may be inflicted. In theory, "the king can do no wrong." His ministers are held responsible lor all governmental acts. CONGRESS 237 Sessions of the 62d Congress : Term began March 4, 1911 ; ends March 4, 1913. Long session, December 2, 1911, to summer of 1912. Sliort session, December 7, 1912, to March 4, 1913. ' Section 5. — 1. Each house shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penal- ties as each house may provide. 2. Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two- thirds, expel a member. 3. Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the members of either House on any question shall, at the desire of one-fifth of those present, be entered on the journal. 4. Neither house, during the session of Congress, 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. Seciion 6. — 1. The senators and representatives shall receive a compensation* for their services, to be ascertained by law, and paid out of the treasury of the United States. They &hall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place. 2. No senator or representative shall, during the time for wJiich he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time; and no person holding any ofllce under the United States shall be a member of either house during his continuance in office. Section 7. — 1. All bills for raising revenue shall originate in the House of Eepresentatives ; but the Senate may propose or concur with amendments as on other bills. 2. Every bill which shall have passed the House of Eepresentatives and the Senate, shall, before it becomes a law, be presented to the President of the United Slates; if he approves he shall sign it, but if not he shall return it, with his objections to that house in which it shall have originated, who shall enter the objections at large on their journal and proceed to reconsider it. If after such reconsidera- tion two-thirds of that house 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 approved by two-thirds of that house, it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons 238 SOUTH DAKOTA, A REPUBLIC OF FRIENDS voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law. 3. Every order, resolution, or vote to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment) shall be presented to the President of the United States ; and before the same shall take effect shall be approved by him, or being disapproved by him, shaill be repassed by two-thirds of the Senate and House of Eepresentatives, according to the rules and limitations prescribed in the case of a bill. Pocket Veto. The process of passing a law by Con- gress is very similar to the methods which we studied in Chapter IX for the state. The President, however, has a veto power which the governor of South Dakota does not possess. If Congress sends a bill to the Presi- dent and adjourns within ten days, so he cannot return it, he has an absolute veto. By letting it lie without action, it does not become a law. This voiding a bill which is presented to the President within the last ten days of the session by his neither signing it nor return- ing with his objections, is called a "pocket" or "silent" veto. In South Dakota, to veto a bill the governor must return it with his objections to the house which origi- nated it, or, if the legislature has adjourned, to the secre- tary of state. Thus he cannot silently veto any bill. Powers of Congress. Section 8.-^1. The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States. Direct Taxes. According to interpretations of the Su- preme Court of the United States, direct taxes include (a) poll taxes, (b) taxes on land and personal property. • The salary of senators and representatives In Congress is $7,500 a year with mileage. CONGRESS 339 and (c) taxes on incomes. All other kinds of taxes are indirect. Since 1861 Congress has not levied any direct taxes. The principal indirect taxes are classified as (a) duties on imported goods, and (b) internal revenue. Duties. These are sometimes called customs duties 'and the place where they are collected is called a "cus- toms house." A list of the duties charged on imported goods is called a tariff. A tariff for revenue only is one in which duties are levied on only those goods which we do not. produce and must import, such as coffee. A pro- tective tariff is one levied on goods with which we com- pete with other nations in producing. A tariff for rev- enue with incidental protection is one designed mainly for revenue, but incidentally to protect the producer in this country. All of our tariffs since 1816 have, in real- ity, been protective tariffs, some higher than others and some "protecting" more than others. Most of the in- come for the support of the federal government comes from duties. Tariff Commission. In 1909 a general tariff law was passed by Congress, which may be the last one of the kind. The present plan is to have a commission of ex- perts make a constant study and examination of condi- tions of production, trade and industry in this country and in other countries and recommend to Congress from time to time such changes in duties as will best promote prosperity and lessen the cost of living. Internal Revenue. The United States levies taxes on the manufacture and sale of liquors, tobacco and a few other articles. The internal revenue office for collecting these taxes in the Dakotas is located in the federal build- ing in Aberdeen. 2. To borrow money on the credit of the United States. 3. To regulate commerce with foreign nations, and among the several states, and with the Indian tribes. 340 SOUTH DAKOTA, A REPUBUC OF FRIENDS Interstate Commerce. Goods or passengers starting in one state and going into another state constitute in- terstate commerce. Intrastate commerce (Lat. inter, be- tween ; intra, within) is that \vhich is within a state and regulated by the state. In 1887 Congress attempted to correct some evils in interstate commerce by passing- laws regulating railroads and by creating an interstate commerce commission to enforce the laws. Several addi- tional laws have been passed enlarging the powers of this commission, especially in regulating railway rates. In 1910 Congress created an interstate commerce court to interpret and apply the law to cases that arise. There are five judges in this court. 4. To establish an uniform rule of naturalization and uniform laws on the subject "of bankruptcies throughout the United States. Naturalization. The process by which a foreigner, or alien, becomes a citizen is called naturalization. Declaration of Intentions. The alien must declare upon oath before a United States court or a state (or ter- ritorial) circuit court that it is his intention in good faith to become a citizen of the United States and reside therein and to renounce forever all allegiance and fidelity to any foreign prince or state, and particularly to the one of which he may at the time be a citizen or subject. These are commonly called the "first papers." Citizenship Papers. Not less than two years nor more than seven years after the first papers are issued the alien must petition for his final papers. His petition must be supported by the affidavits of two citizens of the United States, who have personally known him to be a resident of the United States at least five years and of the state one year. It must be shown to the court (1) that he has behaved as a person of good moral charac- ter, well disposed to good order and to the principles of the Constitution; (2) that he is not a disbeliever in or- CONGRESS 341 ganized government (an anarchist) ; (3) that he is not a believer in polygamy; and (4) that he can speak the English language. He then takes an oath in open court that he will support the Constitution of the United States and again renounces all foreign allegiance. His citizen- ship papers are then issued to him. An alien soldier of the United States army may be ad- mitted to citizenship on one year's residence. An alien who has served in the navy for five years may be admit- ted to citizenship without taking out his first papers. An American woman who marries a foreigner takes the na- tionality of her husband. When a man becomes natural- ized, his wife and minor children, if living in this coun- try, also become naturalized. The naturalization of Chi- nese is expressly prohibited. The people of the Philip- pine Islands and of Porto Rico are not citizens of the United States, though they are entitled to full protection under the Constitution. Citizenship and Suffrage. The United States decides who may become citizens and the state decides who may vote. The privilege of citizenship and the privilege of voting are entirely separate. In South Dakota and in many other states aliens who have declared their inten- tion of becoming citizens are permitted to vote (see Ar- ticle VII of the Constitution). Bankruptcy. If a person cannot pay his debts he may apply to a referee in bankruptcy, appointed by the United States district court, and have his property sold and the money divided among his creditors. He may then "start over" again and is not legally bound to pay any portion of the debts which are not paid by the re- turns from sale of his property. He is morally bound to pay any honest debts, however, if he ever becomes able to do so. If a person owes $1,000 or more, due and payable, which he refuses or is unable to pay, he may 243 SOUTH DAKOTA, A REPUBLIC OF FRIENDS be compelled to have his property sold and the money- divided among his creditors. This is called involuntary bankruptcy. Exemptions. The United States bankruptcy law re- quires the observance of the laws of the dififerent States which provide that certain property cannot be sold for debt unless the owner consents or unless there is a mort- gage on the property. In South Dakota the main ex- emptions are as follows : (a) The home, including not more than one hundred and sixty acres, if in the country, or one acre if in town. If worth more than $5,000 the house is sold and $5,000 returned to buy another home with. (b) Personal property to the value of $300 for an un- married person, or $750 if the head of a family. (c) The family Bible, text books, heirlooms, etc. 5. To coin money, regulate the value th«reof, and of foreign coin, and fix the standard of weights and measures. Legal Tender. Legal tender is that money which must be accepted in payment of debts. If legal tender money is refused the debt is not discharged, but interest stops and the costs of any suit to recover the debt must be paid by the creditor. The following kinds of money are legal tender: (a) Silver dollars; (b) gold coins; (c) United States notes ("greenbacks" issued during the Civil War and re- issued since then) ; (d) United States treasury notes (first issued from 1890 to 1893) ; (e) smaller silver corns, to the value of ten dollars; and (f) nickels and pennies, to the value of twenty-five cents. United States notes are not legal tender for the payments of duties on imports or interest on the public debt. The following kinds of money are not legal tender, but are leceived everywhere at full value: (a) gold certifi- cates, (b) silver certificates, and (c) national bank notes CONGRESS 243 (these must be accepted by any national bank). The reason why this paper money is as good as legal tender money is because the treasurer of the United States will redeem any of it in gold. 6. To provide for the punisliment of counterfeiting the securities and current coin of the United States. 7. To establish postoflfiees and post roads. 8. To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. Copyrights. Books, charts, music, photographs, paint- ings, etc., may be copyrighted by sending copies to the copyright office, Library of Congress, Washington, D. C, with a fee of one dollar. No one may copy anything thus protected without the permission of the one who holds the copyright. A copyright privilege is valid for twenty-eight years and may be renewed for a similar period. Patents. A patent secures to an inventor the exclusive right to manufacture and sell his invention for seventeen years. No one' may make, even for his own use, an article that is patented without the consent of the holder of the patent. 9. To constitute tribunals inferior to the supreme court. 10. To define and punish piracies and felonies committed on the high seas and offenses against the law of nations. 11. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water. 12. To raise and support armies; but no appropriation of money to that use shall be for a longer term than two years. 13. To provide and maintain a navy. 14. To make rules for the government and regulation of the land and naval forces. 15. To provide for calling forth the militia to execute the laws of the Union, suppress insurrection and repel invasions. 16. To provide for organizing, arming and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively the appointment of the oflScers and the authority of training the militia according to the discipline prescribed by Congress. 244 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 17. To exercise exclusive legislation in all eases whatsoever over such district (not exceeding ten miles square) as may, by cession of particular states and the acceptance of Congress, become the seat of the government of the XJuited States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dock yards and other needful buildings. The District of Columbia. In 1783 some drunken sol- diers made an attack on Congress, then in session in Philadelphia. The city and state authorities did not pro- vide protection for Congress, so when the new Constitu- tion was drawn up in 1787, clause 17 was inserted so that the federal government would not need to depend upon a state for the protection of the government officials. In 1790 the District of Columbia was acquired. It com- prises seventy square miles and most of the area is cov- ered by the city of Washington. Government of the District. The affairs of the district are managed by a board of three commissioners. Two commissioners are appointed by the President for three years and the third is an officer of the engineering de- partment of the army. One-half of the money needed to support the government is appropriated" by Congress ; the rest is raised by local taxation. There are no elec- tions in the district. Officeholders or employes of the government retain the right to vote in their home states. There are many splendid government buildings in Wash- ington, the capital of the United States. It is admitted by all that the largest and most beautiful capitol building in the world is ours (Fig. 86). It covers over three and one- half acres of ground. The largest and most magnificent library building in the world is the congressional library. This building occupies nearly four acres of ground and has fifty-six miles of shelving for books. It contains nearly 2,000,000 books and pamphlets, besides hundreds of thousands of maps, charts, pieces of music, etc. The President's home is called the "White House." CONGRESS 345 18. To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof. Express and Implied Powers. The Constitution ex- pressly states that Congress can "raise and support armies," but while it does not state that a military school may be maintained. Congress has considered it ''neces- sary and proper'' to establish one at West Point, New York. To maintain an army is an express power; to maintain a military academy is an implied power. Short- ly after the Constitution went into operation, in 1789, a division of opinion arose as to what extent the federal government could exercise implied powers. QUESTIONS. PBEAMBLE. Repeat the preamble or enacting clause to the con- stitution. Of what does Congress consist? TSE HOUSE OF BEPBESENTATIVES. Of whom composed? Term? Qualifications? How appointed? APPORTIONMENT OF BEPBESENTATIVES. Give the number of representatives; the method of apportionment. What method is to be followed in the future? VACANCIES. Explain how a vacancy in the house of representa- tives is filled. What is the title of the presiding officer? Was President Andrew Johnson impeached? UNITED STATES SENATOBS. Number? How elected? Term? Classes? How are vacancies filled? What are the qualifications of a senator? Who is the presiding officer? What power has the senate in impeachment eases? SESSIONS OF C0NGBES8. How often does Congress meet? When? Where? What is the long session? Short session? Regular session? Special session? Explain the powers of Congress relative to judging the elections and qualifications of members, quorum, rules, journal, adjournment, compensation. Explain how a bill may become a law. POCKET VETO. Explain the pocket veto. DIBECI TAXES. What are direct taxes? Indirect taxes. Duties? TABIFF COMMISSION. What is the plan for making tariff changes in the future? INTEBNAL BEVENUE. What is internal revenue? Where 246 SOUTH DAKOTA, A REPUBLIC OF FRIENDS INTERSTATE COMMERCE. Define interstate commerce. "Define intrastate commerce. What is the interstate commerce commission? The interstate commerce court? NATURALIZATION. Explain what is meant by the first papers. Give all of the conditions necessary for a foreigner to become a citizen of the United States. Distinguish between citizenship -md suffrage. BANKRUPTCY. What is involuntary bankruptcy? "Voluntary bankruptcy? What are the exemptions in South Dakota? LEGAL TENDER. What is legal tender? Name the kinds of money that are legal tender. The kinds that are not. C0P7BIGETS. What may be copyrighted? For how long? How? PATENTS. What rights are secured by a patent? For how long? THE DISTRICT OF COLUMBIA. Why was it provided for? How is it governed? EXPRESS AND IMPLIED POWERS. Give an example of an express power; of an implied power. Name as many powers of Con- gress as you can. CHAPTER XIX POWERS DENIED NATION AND STATE Section p. Powers denied to the United States: 1. The migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight; but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person. (The words "such persons" refer to slaves.) 2. The privilege of the writ of habeas corpus shall not be sus pended unless when, in case of rebellion or invasion, the public safety may require it. 3. No bill of attainder, or ex-post-facto law, shall be passed. 4. No capitation or other direct tax shall be laid, unless in pro- portion to the census or enumeration herein before directed to be taken. [A capitation (Lat. caput, head) tax is a poll tax. Other purposes for taking the census are given in Chapter IX.] 5. No tax or duty shall be laid on articles exported from any state. [A tariff, as discussed in Chapter XVIII, applies only to imported goods, as no tax can be levied on exports.] 6. No preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another; nor shall vessels bound to or from one state be obliged to enter, clear or pay duties in another. 7. No money shall be drawn from the treasury but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money skall be pub- lished from time to time. 8. No title of nobilty shall be granted by the United Statep; and no person holding any ofSee of profit or trust under them shall, with- out the consent of the Congress, accept of any present, emolument, office or title of any kind whatever, from any king, prince or foreign state. [Many people believe that if a citizen of the United States accepts a title from a king, prince or foreign state he forfeits his citizenship. This is not true. If he is a federal officeholder he may not accept a present, etc.] Section lo. Powers denied to the states: 1. No state shall enter into any treaty, alliance or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; 247 248 SOUTH DAKOTA, A REPUBLIC OF FRIENDS pass any bill of attainder, ex-post-facto law, or law impairing the obligation of contracts, or grant any title of nobility. 2. No state shall, without the consent of the Congress, lay any imposts or duties on imports or exports except what may be abso- lutely necessary for executing its inspection laws, and the net produce of all duties and imposts laid by any state on imports or exports shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the Congress. 3. No state shall, without the consent of Congress, lay any duty of tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another state or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delays. QUESTIONS. Until what year did Congress have no power to prohibit the impor- tation of slaves? What is a writ of habeas corpus? A bill of attain- der? An ex post facto law? On what basis must direct taxes be apportioned among the states? Can Congress tax goods shipped out of the United States? What is said concerning granting titles of nobility? Name three powers denied the states. CHAPTER XX FEDERAL EXECUTIVE DEPARTMENT Article II. Executive Department Section i. President and Vice-President. 1. The executive power shall bo vested in a President of the United States of America. He shall hold his office during the term of four years, and together with the Vice-President, chosen for the same term, be elected as follows: Nomination of Candidates. Before we take up the plan of electing a President and Vice-President it is nec- essary to understand the method used by political par- ties to nominate their candidates. National Party Conventions. Each political party holds a national convention to nominate candidates for President and Vice-President, adopt a platform, and ap- point a national central committee (one committeeman from each state and territory) to take charge of the cam- paign. The Republican party held the convention vsrhich nominated Taft and Sherman at Chicago, June, 1908. The Democratic party held their national convention July, 1908, at Denver, and nominated Bryan and Kern. Delegates to National Conventions. The rule followed by the Republican and Democratic parties is to allow each_state to send to the n ational conven tion two dele- gates for each representative and senator sent from that state to Congress. Delegates are also sent from terri- tories and from the District of Columbia. Thus in 1908 the Democrats of New York sent seventy-eight dele- 243 250 SOUTH DAKOTA, A REPUBLIC OF FRIENDS gates to the Denver convention, and the Republicans of the state sent the same number of RepubHcan delegates to the Chicago convention. South Dakota sent eight dele- gates to each convention ; the Republicans selected those who went to Chicago and the Democrats selected those who went to Denver. In 1912 the Republican national convention met at Chicago June 18, and the Democratic convention at Baltimore June 25. The delegates to these conventions were based upon the new apportionment of representatives (see p. 234) .^^/iThus South Dakota had ten^nd New York 90. vn some states each party holds conventions to select delegates to the national conventions. This was the plan in South Dakota until 1912 when the delegates were chosen at the primary election the first Tuesday in June (see pp. 222-223). The following table shows the number of representatives and senators in Congress, the electoral vote and the number of delegates to national conventions from each state : Rep. 10 Sen. El. V. Del. Neb. . . . Rep. 6 Sen. El. V. Del. Ala. . . 2 12 24 2 8 16 Ariz. 1 2 3 6 Nov. . . . 1 2 3 6 Ark. .. 7 2 9 18 N. H. . . 2 2 4 8 Cal. . . 11 2 13 26 N. J 12 2 14 28 Col. . . 4 9 6 12 N. M... 1 2 3 6 Conn . . 5 2 7 14 N. Y... 43 2 43 90 Del. . . 1 2 3 6 N. C... . 10 2 12 24 Fla. . . 4 2 6 12 N. D 3 2 5 10 Ga. ... 12 2 14 28 22 2 24 48 Ida. . . 2 2 4 8 Okla. .. 8 2 10 20 111. . . . 27 2 29 58 Ore. . . . 3 2 5 10 Ind. . . 13 2 15 30 I'enn. . . 36 2 38 76 la. ... 11 2 13 26 R. I 3 2 5 10 Kan. .. 8 2 10 20 S. C... 7 2 9 18 Ky. ... 11 2 13 26 S. D... 3 2 5 10 La. ... 8 2 10 20 Tenn. . . 10 2 12 24 Me. ... 4 2 6 12 Tex. . . . 18 2 20 40 Md. . . . 6 2 8 16 Utah ... 2 2 4 8 Mass. . 16 2 18 36 Vt 2 2 4 8 Mich. . 13 2 15 30 Va 10 2 12 24 Minn. . 10 2 12 24 Wash. . . 5 2 7 14 Miss. . 8 2 10 20 W. Va.. • 6 2 8 16 Mo. . . . 16 2 18 36 Wis. . . . 11 2 13 26 Mon. . . 2 2 4 8 Wyo. .. 1 2 3 6 Mode of Election. 2. Each state shall appoint, in such manner as the legislature thereof naay direct, a number of electors, equal to the whole number of senators and representatives to which the state may be entitled in the Congress; but no senator or representative, or person holding an office of trust or profit under the United States, shall be appointed an elector. FEDERAL EXECUTIVE DEPARTMENT 251 Presidential Electors. The method provided by the Constitution is to have each state choose, in any way the legislature may provide, a number of men (presi- dential electors), who are to choose the President and Vice-President. The idea of those who framed the Con- stitution was that these presidential electors would be more competent than the people to select suitable offi- cers, and they supposed that the presidential electors would be independent in their choice. It immediately developed, however, that these presidential electors sim- ply registered the choice of the people who selected them. Electoral College. In all of the states the presidential electors are chosen at a general election. In 1908 the voters of New York elected thirty-nine presidential elect- ors (New York had two senators and thirty-seven repre- sentatives). In the same election South Dakota chose four (the state having two senators and two representa- tives in Congress). The group of presidential electors chosen by the state is called the "electoral college." By referring to the list showing the number of representa- tives from each state, ascertain the number in the elec- toral college of each state. Amendment XII. The electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves ; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the president of the Senate. The president of the Senate shall, in presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted. The person having the greatest number of votes for President shall be the President, if such number be a majority of the whole number of electors appointed ; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, 252 SOUTH DAKOTA, A REPUBLIC OF FRIENDS by ballot, the President. But in choosing the President the votes shall bo taken by states, the representation from each state having one vote ; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever- the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice- President shall act as President, as in the case of the death or other constitutional disability of the President. The person having the greatest number of votes as Vice-President shall be the Vice-President, if such a number be a majority of the whole number of electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-Presi- dent; a quorum for the purpose shall consist of two-thirds of the whole number of senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. [This amendment, adopted in 1804, takes the place of clause 3.] 3. The Congress may determine the time of choosing the electors, and the day on which they shall give their votes, which day shall be the same throughout the United States. Election Dates (a) On the first Tuesday after the first Monday iti November in 1904, 1908, etc., the voters of the states elect presidential electors. (b) On the second Monday in January the presiden- tial electors of a state meet at the state capitol and cast their -ballots for President and Vice-President. Three sets of ballots are made, one is sent by mail to the presi- dent of the Senate, Washington, D. C, another set is sent by a messenger, and the third set is deposited with the .nearest United States district judge. (c) On the second Wednesday of February the Senate and the House of Representatives meet in the hall of rep- resentatives. The president of the senate opens the bal- lots in the presence of both houses, and tellers appointed by the houses read the ballots and count them. In case no one receives a majority (over one-half) of the elect- oral votes for President or Vice-President the House of FEDERAL EXECUTIVE DEPARTMENT 25a Representatives and Senate decide the matter as de- scribed in the Constitution. (d) On the fourth of March the men elected take the oath of off-ce and assume their official duties. Qualifications of President. 4. No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office 'i^ho shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States. 5. In case of the removal of the President from office, or of his death, resignation or inability to discharge the powers and duties of the said office, the same shall devolve on the "Vice-President, and the Congress may by law provide for the case of removal, death, resigna- tion or inability, both of the President and Vice-President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected. Vacancies. Congress has provided that the cabinet of- ficers shall succeed to the Presidency in the following order: Secretary of State, Secretary of the Treasury, Secretary of War, Attorney-General, Postmaster-Gen- eral, Secretary of the Navy, and Secretary of the Inte- rior. None of these can succeed to the Presidency un- less his appointment as a cabinet officer has been con- firmed by the Senate and he has all of the necessary qual- ifications given in clause 4. The initial letters of these officers in order spell St. Wapni. This may help the memory. Salary. 7. The President shall, at stated times, receive for his services a compensation, which shall neither be increased nor dimin- ished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States or any of them. [At present it is $75,000 a year.] Oath. 8. Before he enter on the execution of his office he shall take the following oath of affirmation: "I do solemnly swear (or affirm) that I will faithfully execute the oflSce of President of the United States, and will to the best of my ability preserve, protect and defend the Constitution of the United States." 254 SOUTH DAKOTA, A REPUBLIC OF FRIENDS Powers of the President Section S. — 1. The President shall be commander-in-chief of the army and navy of the United States, and of the militia of the several states, when called into the actual service of the United States; he may require the opinion, in writing, of the principal of&cer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment. Pardoning Power. A reprieve is a temporary suspen- sion of a punishment; a pardon is a complete release. The President's pardoning power does not extend to de- cisions of state courts (see Chapter X). Treaties. 2. He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the supreme court, and all other oflicers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law ; but the Congress may by law vest the appointment of such inferior officers, as they thiiik proper, in the President alone, in the courts of law, or in the heads of departments. 3. The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session. Foreign Relations. Affairs between nations are usu- ally conducted by ambassadors or ministers which each country sends to the other countries to represent it. The United States sends ambassadors to Great Britain, France, Germany, Russia, Italy, Austria-Hungary,. Mex- ico, Japan, Brazil and Turkey, and sends ministers to other countries. The only difference between ambassa- dors and ministers is in rank and salary. Consuls are sent to foreign cities to look after commercial interests. They report to us any inventions, changes in laws, or other conditions which may affect our commerce. Lists of all goods sent from foreign ports to the United States are given to the consul as a means of keeping account of foreign commerce and duties on imports. FEDERAL EXECUTIVE DEPARTMENT 255 Treaties. When this country wants to make a treaty with a foreign nation our Secretary of State proposes one to the ambassador or minister from that country. The foreign minister at Washington communicates with his secretary of state, and if a treaty is made it is signed by our Secretary of State and the foreign minister and then sent to the Senate for approval. The Secretary of State keeps in close communication with the President throughout the proceedings. A treaty is usually named from the persons who ne- gotiated it, the one who proposed it being given first and this indicates where the treaty was made. Thus the famous treaty of 1842 between the United States and Great Britain which settled our dispute as to the north- eastern boundary and provided for stopping the slave trade and for extraditing criminals, is called the Webster- Ashburton treaty. From this we know that Webster was our Secretary of State, Ashburton was Great Brit- ain's minister to the United States, and the negotiations for the treaty were carried on in Washington. Sometimes special commissions are appointed to nego- tiate treaties. This is usually done for treaties of peace, and the negotiation is carried on in some neutral city. The treaty is then usually named from the city where it was negotiated. Any history of the United States names several such treaties, the most important of them being the treaty of Paris of 1783, which concluded peace be- tween the United States and Great Britain. The second peace treaty with Great Britain was the treaty of Ghent, 1814. Federal Positions. Positions under the United States, excepting President and Vice-President, are filled in one of four ways : (a) Appointment by the President subject to the con- 256 SOUTH DAKOTA, A REPUBLIC OF FRIENDS fii-mation of the Senate. United States judges, marshals, cabinet officers, ambassadors, etc., come in this class. (b) Appointment by President alone. The President appoints his own private secretary and the clerks of his office. (c) Appointment by heads of departments. The post- master-general appoints all postmasters whose salaries are less than $1,000. (d) The civil service. "To regulate and improve the civil service of the United States," Congress has pro- vided for a commission of three men, not more than two of whom may be from the same political party, to have charge of the appointment of many clerks, teachers in Indian schools, skilled workmen, mechanics, etc. On June 30, 1909, there were 367,794 persons holding posi- tions in the civil service, most of whom received their appointments through competitive examinations. At least twice a year examinations are held in each state and territory. Messages, Special Sessions. Section S. He shall from time to time give to the Congress information of the state of the Union and recom- mend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both houses, or either of them, and in case of disagreement between them vrith respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States. Impeachment. Section 4. The President, Vice-President and all civil officers of the United States shall be removed from office on impeachment for, and conviction of, treason, bribery or other high crimes and misdemeanors. The President's Cabinet Nine Departments. The work of the executive depart- ment of the United States has been subdivided, each di- vision being called a "department." The heads of these departments constitute the President's cabinet. BY THE PRESIDENT OF THE WJITED STATES OF AMERICA. A PROCLAMATION. This year of 1910 is drawing to ti close. The records of popula- tion and harvests wliich are the index of progress show vigorous national growth and the health and prosperous \.eli-being of our coEmunities through- out this land and in our possessions beyond the seas. These blessings have not descended upon us in restricted measure, but overflow and abound. They arc the blessings and bounty of God. We continue to be at peace with the resr of the world. In nil essen- tial oatters our relations with other peoples are harasonious, with an ever- growing reality of friendliness and depth of recognition of mutual dependence. It IS especially to be noted that during the past year greet progress haa been achieved in the cause of arbitration and the peaceful settlement of xntcrna- ticmul disputes. Now, therefore, I, William Howard Xaft, President of the [Jnlted States of America, in apcordance »-ith the wise custom of the civil raagistrate since the first settleoenta in this land and with the rule established from the foundation of this Government, do appoint Thursday, November 24,1910, as a day of National Thanltsgiving and Prayer, enjoining the people upon that day to meet in their churches for the praise of Almighty Cod and to return hectrtfelt thani^s to Him for ail His goodness and loving-kindness. IN WITNESS miEP£OF I have hereunto set loy hand and caused the seal of the Ura"ted States to be affixed. . Done at the City of ^Vashington this fifth day of Kovember, in th* year of our Lord one thousand nine hundred and ton and of the independence of the United States the one hundred and thirty-fifth. by the President; Secretary of State. Fig. 8 7. A Presidential Proclamation. From "Government and Politics in the United States," by William B. Guitteau. Houghton, Mifflin Company. 1" fT -. i^--«i r l<:'»Ji rr ^ ,- f. M^ 4^ I-. »4 ^ '- tm FEDERAL EXECUTIVE DEPARTMENT 359 Department of State. This was the first cabinet office created by Congress, being called for a time the "depart- ment of foreign affairs." Though the name was changed, the chief duty of the Secretary of State is in connection with foreign affairs. The Secretary of State is charged, under the direction of the President, with the duties appertaining to corre- spondence with the public ministers and the consuls of the United States and with the representatives of foreign powers accredited to the United States; and to negotia- tions of whatever character relating to the foreign affairs of the United States. He is also the medium of corre- spondence between the President and the chief execu- tives of the several states of the United States ; he has the custody of the great seal of the United States, and countersigns and affixes the seal to all executive procla- mations, to various commissions and to warrants for the extradition of fugitives from justice. He is regarded as the first in rank among the members of the cabinet. He is also the custodian of the treaties made with foreign countries, and of the laws of the United States. He grants and issues passports and exequaturs (see Glos- sary) to foreign consuls in the United States are issued through his office. He publishes the laws and resolu- tions ot Congress, amendments to the Constitution and proclamations declaring the admission of new states into the Union.* The principal bureaus of this department are the diplo- matic bureau, consular bureau, bureau of appointments (has custody of the great seal), bureau of citizenship (is- sues passports), bureau of indexes and archives, bureau of rolls and library (has custody of treaties and laws). • The statements of official duties are quoted, with slight changes, from the Congressional Directory for December, 1911. 260 SOUTH DAKOTA, A REPUBLIC OF FRIENDS Department of the Treasury. The head of this depart- ihent is called Secretary of the Treasury. *rhe Secretary of the Treasury is charged by law with the management of the national finances. He prepares plans for the improvement of the revenue and for the support of the public credit; superintends the collection of the revenue and directs the forms of keeping and ren- dering public accounts and of making returns; grants warrants for all moneys drawn from the treasury in pursuance of appropriations made by law and for the payment of moneys into the treasur)^ ; and annually sub- mits to Congress estimates of the probable revenues and disbursements of the government. He also controls the construction of public buildings; the coinage and print- ing of money ; the administration of the life-saving, rev- enue-cutter and the public health and marine hospital branches of the public service and furnishes generally such information as may be required by either branch of Congress on all matters pertaining to the foregoing. The principal officers of this department are assistant secretaries, six auditors (who audit and settle all ac- counts with the other cabinet departments), the super- vising architect, the comptroller of the treasury of the United States (having general charge over the public moneys that may be deposited in the treasury at Wash- ington and in the subtreasuries at Boston, New York, Philadelphia, Baltimore, Cincinnati, Chicago, St. Louis, New Orleans and San Francisco, and in the national bank United States depositories), register of the treas- ury (look for the names of the last two officers on paper money), comptroller of the currency (having supervision of national banks), director of the mint, commissioner of internal revenue and superintendent of the life-saving service. FEDERAL EXECUTIVE .DEPARTMENT 261 Department of War. The duties of the Secretary of War are as follows : The Secretary of War is nead of the war department and performs such duties as are required of him by law or may be required of him by the President concerning the military service. He is charged by law with the supervision of all esti- mates of appropriations for the expenses of the depart- ment, including the military establishment; of all pur- chases of army supplies ; of all expenditures for the sup- port, transportation and maintenance of the army and of such expenditures of a civil nature as may be placed by Congress under his direction. He also has supervision of the United States military academy at West Point and of military education in the army, of the board of ordnance and fortification, of the various battlefield commissions, and of the publication of the official records of the war of the rebellion. He has charge of all matters relating to national de- fense and seacoast fortifications, army ordnance, river and harbor improvements, the prevention of obstructions to navigation and the establishment of harbor lines; and all plans and locations of bridges authorized by Con- gress to be constructed over the navigable waters of the Unitejl States require his approval. Dtepartment of Justice. The Attorney-General is the head of the department of justice and the chief law offi- cer of the government. He represents the United States in maters involving legal questions; he gives his advice and opinion, when they are required by the President or by the heads of the other executive departments, on ques- tions of law arising in the administration of their re- spective departments; he appears in the Supreme Court of the United States in cases of especial gravity and im- portance ; he exercises a general superintendence and di- 362 SOUTH DAKOTA, A REPUBLIC OF FRIENDS rection over United States attorneys and marshals in all federal judicial districts in the states and territories, and he provides special counsel for the United States when- ever required by any department of the government. Postoffice Department. The Postmaster-General is the executive head of the federal postal service. He ap- points all officers and employes of the postoffice depart- ment except the four assistant postmasters-general and the purchasing agent, who are presidential appointees. With the exception of postmasters of the first, second and third classes, who are likewise presidential ap- pointees, he appoints all postmasters and all other offi- cers and employes of the service at large. Subject to the approval of the President, he makes postal treaties with foreign governments. He awards and executes con- tracts and directs the management of the foreign mail service. He is chairman of the board of trustees of the postal savings System. There are four assistant postmasters-general. The first has charge of the divisions of postmasters' appoint- ments, salaries and allowances and city delivery. The second has supervision over railway adjustments, foreign mails, railway mail service, inspection and equipment. The third has charge of finance, stamps, money orders, registered mail and classification of mail matter. The fourth directs the work of the rural mails, supplies and "dead letters." Department of the Navy. The Secretary of the Navy performs such duties as the President of the United States, who is commander-in-chief, may assign him, and has the general superintendence of construction, man- ning, armament, equipment and employment of vessels of war. K, , Department of the Interior. The Secretary of the In- FEDERAL EXECUTIVE DEPARTMENT 263 terior is charged with the supervision of public business relating to patents for inventions, pensions and bounty lands, the public lands and bureau of mines, national parks, and the supervision of certain hospitals and in- stitutions in the District of Columbia. He also exer- cises certain powers and duties in relation to the terri- tories of the United States. The commissioner of edu- cation collects statistics pertaining to education, has gen- eral charge of the education of the native children in Alaska and administers the endowment fund for the sup- port of agricultural colleges. Department of Agriculture. The secretary exercises personal supervision of public business relating to the agricultural industry. He appoints all the officers and employes of the department with the exception of the assistant secretary and the chief of the weather bureau, who are appointed by the President, and directs the man- agement of all the bureaus, divisions, offices and the for- est service embraced in the department. He exercises advisory supervision over agricultural experiment sta- tions, which receive aid from the national treasury; has control of the quarantine stations for imported cattle, of interstate quarantine rendered necessary by sheep and cattle diseases, and of the inspection of cattle-carrying vessels, and directs the enforcement of the meat inspec- tion and food and drug laws under which the inspection of domestic and imported food products is carried on. He is charged with the duty of issuing rules and regu- lations for the protection, maintenance and care of the national forest reserves. He also is charged with carry- ing into effect the laws prohibiting the transportation by interstate commerce of game killed in violation of local laws and excluding from importation certain noxious ani- mals, and has authority to control the importation of other animals. 264 SOUTH DAKOTA, A REPUBLIC OF FRIENDS Department of Commerce and Labor. The Secretary of Commerce and Labor is charged with the work of promoting the commerce of the United States, and its mining, manufacturing, shipping, fishery, transportation and labor interests. His duties also comprise the inves- tigation of the organization and management of corpora- tions (excepting railroads) engaged in interstate com- merce; the gathering and publication of information re- garding labor interests and labor controversies in this and other countries; the administration of the lighthouse service, and the aid and protection to shipping thereby; the taking of the census, and the collection and publica- tion of statistical information connected therewith; the making of coast and geodetic surveys; the collecting of statistics relating to foreign and domestic commerce ; the inspection of steamboats and the enforcement of laws re- lating thereto for the protection of life and property; the supervision of the fisheries as administered by the federal government; the supervision and control of the Alaskan fur, seal, salmon and other fisheries; the juris- diction over merchant vessels, their registry, licensing, measurement, entry, clearance, transfers, movement of their cargoes and passengers, and laws relating thereto, and to seamen of the United States ; the regulation of the enforcement and execution of the act of Congress relating to the equipment of ocean steamers with appa- ratus and operators for wireless communication; the su- pervision of the immigration of aliens, and the enforce- ment of the laws relating thereto, and to the exclusion of Chinese ; the custody, construction, maintenance and application of standards of weights and measurements; the gathering and supplying of information regarding in- dustries and markets for the fostering of manufacturing. FEDERAL EXECUTIVE DEPARTMENT 265 QUESTIONS. PRESIDENT AND VICE PRESIDENT. What is the term of these officers? NATIONAL PARTY CONVENTIONS. What does a national party convention do? DELEGATES TO NATIONAL CONVENTIONS. How many delegates from each state? STATE PARTY CONVENTIONS. What is a primary election? Explain the process by which delegates are selected from each state. MODE OF ELECTION. What are presidential electors? How many elected in each state? What is the electoral college? Explain the method of electing a President. QUALIFICATION OF PRESIDENT. Name the qualifications of President. VACANCIES. Explain how vacancies in the presidency are filled. What is said of salary and oath of office? COMMANDER IN CHIEF. What military power has the President? PARDONING POWER. What is a reprieve? A pardon? To what offenses is the President's pardoning power limited? FOREIGN RELATIONS. What are ambassadors? Ministers? Consuls? TREATIES. How are treaties proposed? Where made? By whom? How named? By whom approved? FEDERAL POSITIONS. Name the four methods of filling federal positions. What is said concerning messages, special sessions of congress, and impeachment? Name the nine departments into which the executive work is divided. Give the principal duties of each. CHAPTER XXI THE FEDERAL JUDICIARY Article III. Judicial Department Section i. United States Courts The judicial power of the United States shall be vested in one supreme court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation which shall not be diminished during their continuance in office. Section 2. Jurisdiction of the United States Courts. 1. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers and consuls; lo all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more states; between a state and citizens of another state; between citizens of different states ; between citizens of the same state claiming lands under grants of different states, and between a state or the citizens thereof and foreign states, citizens or subjects. Chisholm vs. Georgia. This was a famous case which occurred soon after the Constitution went into effect. A man named Chisholm, of North Carolina, sued the state of Georgia in a United States court. The case was ap- pealed to the supreme court in 1793, it being- claimed that the Constitution did not. give the federal courts power to try cases in which a state was sued by a citi- zen of another state. John Jay was then chief justice of the supreme court and the decision was that Mr. Chis- holm could bring an action in a federal court. To pre- 266 THE FEDERAL JUDICIARY 267 vent any more cases of this kind the eleventh amend- ment to the Constitution was adopted in 1798. Amendment XI. The judicial power of the Unitecl States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state. Supreme Court. There are nine judges in this court. Five must unite in a decision. The jurisdiction of this court is given in the Constitution as follows : 2. In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party, the supreme court shall have original jurisdiction. In all the other cases before mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make. Circuit Court of Appeals. To relieve the supreme court of many petty cases appealed to it from lower United States courts, in 1891 Congress created this court to try them. Thus a case involving the patent laws may be appealed from a lower United States court to the circuit court of appeals instead of to the supreme court. This court consists of three judges, two of whom are a quorum. The judges may be supreme court jus- tices, or circuit court judges, or, in absence of these, district court judges. Circuit courts of appeal are held in various parts of the United States, from Boston to San Francisco. The United States is divided into nine circuits and each of the supreme court justices is supposed to exercise some supervision over a circuit. South Dakota is in the eighth circuit, which embraces Minnesota, Iowa, Missouri, Arkansas, Nebraska, Colorado, Kansas, Oklahoma,- Utah, Wyoming, and New Mexico, besides both Dakotas. This circuit has four circuit judges. Prior to January 1, 1912, there were circuit courts 268 SOUTH DAKOTA, A REPUBLIC OF FRIENDS having original jurisdiction in certain kinds of cases and presided over by circuit judges. The judges, how^ever, were kept so busy acting as judges of circuit courts of appeal that they had no time to try any original cases, all such cases being turned over to the district courts. The circuit court was therefore abolished, though the nine circuits and twenty-nine judges were retained to provide for the United States courts of appeal. United States District Court. The United States is divided into districts for judicial purposes. In 1912 there were eighty-nine districts. South Dakota is one distfict, Minnesota is divided into two, Iowa two, etc. The United States judge for the district of. South Dakota is Hon. James D. Elliott. He holds terms of court at Aberdeen, Sioux Falls, Pierre, and Deadwood. Federal cases arising in South Dakota are tried in one of these cities. This court has original jurisdiction only and cases inay be appealed from it to the circuit court of appeals or to the supreme court of the United States. The cases com- monly tried in the United States district court comprise crimes committed on Indian reservations, violations of the United States revenue laws, postal laws, bankruptcies, patents, copyrights, etc. They also include lawsuits be- tween citizens of different states, providing the sum in controversy exceeds $2,000. Licenses to practice in the courts of the United States are granted by this court (see p. 197). Cases in bankruptcies are usually settled by referees in bankruptcies appointed by the district judge (see pp. 241-242). All federal judges are appointed "by the President, with the ap- proval of the Senate, for life and may be removed only by im- peachment process. At the age of seventy a judge may retire on full pay if he has served ten years. THE FEDERAL JUDICIARY 269 United States attorneys and marshals are appointed for each district. Their duties are much like those of state's attorneys and sheriffs in the counties (see pp. 166, 168-9). The former officials have to do only with violations of United States laws, the latter with violations of state laws. Deputies are appointed as may be needed. Court Commissioners are appointed by the district judge at convenient places and have power to examine into accusations and decide whether a person who is ac- cused of violating a United States law shall be held for trial by the United States district court. Special Federal Courts. The court of claims consists of five judges and has power to try cases involving claims against the United States, not including pensions and a few other kinds. The court of commerce consists of five judges and tries cases involving interstate commerce. The courts of the District of Columbia and of territories are also special federal courts having jurisdiction within the District or territories. 3. The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial sliall be held in the state where the said crimes shall have been committed; but when not committed within any state the trial shall be at such place or places as the Congress may by law have directed. Section S. Treason. — 1. Treason against the United States shall consist only in levying war against them, or in adhering to their' enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. 2. The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corrupton of blood or forfeiture except during. the life of the person attained. . In 1791 the following amendments to the constitution were adopted. All of the provisions apply to United States courts but do not apply to state courts: Amendment V. No person shall be held to answer for a capital or other infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; ''^^ • §70 SOUTH DAKOTA, A REPUBLIC OF FRIEN^ CU^jCZLa nor shall any person be subject for the same offense to be- twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation. Amendment VI. In all criminal prosecutions the accused shall enjoy the rights to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be con- fronted with the witness against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. Amendment VII. In suits at common law, where the value in con- troversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reexam- ined in any court of the United States than according to the rules of the common law. Amendment VIII. Excessive bail shall not be required, nor exces- sive fines imposed, nor cruel and unusual punishments inflicted. QUESTIONS. UNITED STATES COURTS. In what are the judicial powers of the United States vested? For how long do the judges serve? JURISDICTION. Name the ten kinds of cases named in the constitution which may be tried in United States courts. CERISHOLM VS. GEORGIA. Give an account of this case. What amendment was adopted to prevent other individuals from suing states in United States courts? SUPREME COURT. How many judges? What is the jurisdiction of this court? CIRCUIT COURT OF APPEALS. How many judges in this court? What judges may act in this court? What kinds of cases are tried in this court? How many circuits in the United States? In which circuit is South Dakota? When were the circuit courts abol- ished? M'hy? How many circuit judges were there in 1912? UNITED STATES DISTRICT COURT. Into how many dis- tricts is the United States divided? Who is judge for the district of South Dakota? Where are terms of court held? What cases are commonly tried in this court? What are the duties of United States marshals and district attorneys? COURT COMMISSIONER. What power has this oflScer? SPECIAL FEDERAL COURTS. What cases are tried in the court of commerce? What is said as to jury trials? As to the place of trial? TREASON. Define treason. How may a person be convicted of treason? Name the provisions of articles five, six, seven and eight of the constitution of the United States. CHAPTER XXII FINAL PROVISIONS OF CONSTITUTION Article IV. The States and the Federal Government. Section 1. State Eecoi-ds. — Full faith and credit shall be given in eacli state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in vyhich such acts, records, and proceedings shall be proved, and the effect thereof. Section S. 'Privileges of Citizens, etc. — 1. The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states. 2. A person charged in any state vrith treason, felony, or other crime, who shall flee from justice, and be found in another state, shall, on demand of the executive authority of the state from which he fled, be delivered up, to be removed to ttie state having jurisdiction of the crime. [See Extradition in the Index.] 3. No person held to service or labor in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due. [This clause has been canceled by the thirteenth amend- ment, which abolished slavery.] Section 3. New States and Territories. — 1. New states may be admitted by the Congress into this Union; but no new state shall be formed or erected within the jurisdiction of any other state; nor any state be formed by the junction of two or more states or parts of states, without the consent of the legislatures of the states concerned as well as of the Congress. 2. The Congress shall have power to dispose of and make all need- ful rules and regulations respecting the territory or other property belonging to the United States ; and nothing in this constitution shall be so construed as to prejudice any claims of the United States or of any particular state. Section 4. Bepuhlican Form — Protection. The United States «nall guarantee to every state in this Union a republican form of govern- ment, and shall protect each of them against invasion; and, on .ipplica- tion of the legislature, or of the executive (when the 'egislature can- not be convened) against domestic violence. 271 273 SOUTH DAKOTA, A REPUBLIC OF FRIENDS Article V. To Amend the Constitution. The Congress, wljenever two-thirds of both houses shall deem it necessary, shall propb^e amendments to this constitution, or, on the application of the legislatures of two-thirds of the several states, shall call a convention fSt proposing amendments, which, in either case, shall be valid to all iikents and purposes as part of this con- stitution, when ratified by tMOegislatures of three-fourths of the several states, or by conventions t^ three-fourths thereof, as the one or the other mode of ratification mS^r be proposed by the Congress: provided, that no amendment which mqy be made prior to the year one thousand eight hundred and eight smJI in any manner affect the first and fourth clauses in the ninth section\pf the first article; and that no state, without its consent, shall be delved of its equal suf- frage in the Senate. Article VI. Debts Validated — Constitution Supreme. 1. All debts contracted and engagements entered into, before the adoption of this constitation, shall be as valid against the United States under this constitution as under the Confederation. 2. This constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding. 3. The senators and representatives before mentioned, and the members of the several state legislatures, and all executive and judi- cial officers, both of the United States and of the several states, shall be bound by oath or affirmation to support this constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States. Article VII. Ratification. The ratification of the conventions of nine states shall be sufficient for the establishment of this constitution between the states so ratifying the same. Amendments to the Constitution The first ten amendments constitute a bill of rights. I. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press; or the right of the people peace- ably to assemble, and to petition the government for a redress of grievances. FINAL PROVISIONS 01- CONSTITUTION 273 II. A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed. III. No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, but in a man- ner to be prescribed by law. IV. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affinnation, and particularly describing the place to be searched, and the person or things to be seized. V-VIII have been given in Chapter XXI. IX. The enumeration in the constitution of certain rights shall not be construed to deny or disparage others retained by the people. X. The powers not delegated to the United States by the constitu- tion, nor prohibited by it to the states, are reserved to the states respectively or to the people. XI was given in Chapter XXI. XII was given in Chapter XX. The next three articles are called the slavery amend- ments, XIII giving the slave freedom, XIV giving him citizenship, and XV giving him the right to vote. XIII. 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly con- victed, shall exist within the United States or any place subject to their jurisdiction. , 2. Congress shall have power to enforce this article by appropriate legislation. [Proposed by Congress Feb. 1, 1865, and declared in force Dee. 18, 1865.] XIV. 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. 2. Representatives shall be apportioned timong the several states according to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, representatives in Congress, the executive and judicial officers of a state, or the members of the legislature thereof, is denied to any of the male inhabitants of such state, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear 374 SOUTH DAKOTA, A REPUBLIC OF FRIENDS to the whole number of male citizens twenty-one years of age in such state. 3. No person shall be a senator or representative in Congress, or elector of President and A^iee-President, or hold any office, civil or military, under the United States or under any state, who, having previously taken an oath as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the constitu- tion of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each house, remove such disability. 4. The validity of the public debt of tne United States, author- ized by law, including debts incurred for payment of pensions find bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any state shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations, and claims shall be held illegal and void. 5. The Congress shall have power to enforce, by appropriate legis- lation, the provisions of this article. [Proposed by Congress June 16, 1866, and declared in force July 28, 1868.] XV. 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States, or by any state, on account of race, color, or previous condition of servitude. 2. The Congress shall have power to enforce this article by appro- priate legislation. [Proposed by Congress Feb. 26, 1869, and declared in force March 30, 1870.] QUESTIONS. STATE BECOBDS. How must legal transactions in one state be tieated in another state? PBIVILEGES OF CITIZENS. Explain how a fugitive from jus- tice is returned to the place where he committed the crime. NEW STATES AND TEEBITOBIES. "Who has authority to admit states into the Union? "Who has power to regulate the territory and other property of the United States? to ratify the constitution BEPUBLICAN FOBU—PBOTECTION. What guaranty must the United States afford to every state? In case of invasion, what is the duty of the United States? In case of domestic violence, when may the United States restore order? (Note: The United States may quell domestic violence when necessary to enforce United States laws, even though the governor or legislature does not request it.) TO AMEND THE CONSTITUTION. What are the two methods by which amendi'jents may be proposed? "What are the two methods by which an ariendment may be ratified? DEBTS VALIDATED— CONSTITUTION SUPBEME. What is said as to the payment of debts contracted before the adoption of the FINAL PROVISIONS OF CONSTITUTION 275 constitution? What is the supreme law of the land? What must be included in the oaths taken by all federal and state officers? What tests cannot be required of a federal officer? BATIFICATION. How many of the thirteen states were required to ratify the constitution before it went into effect? AMENDMENTS. What are the first ten amendments called? What are the principal provisions of the first ten amendments? Eepeat the thirteenth amendment. Who are citizens of the United States? Eepeat the fifteenth amendment. ac^^'o s rt e «1^^-1£ o , - ^ -w ^ =" M 2 § a Ph o ' .=1 2 QJ O (U ,S CD 02 hM aois CC fq 03 ^^ h-'S w CO J4 4^ O Ph --H T3 a M ^W »^ o^ a a ^ -g m 3 t^ M !; S; -„ ^H a a a ^ a a C' CD 'TJ CD tH CO H _-y '" ° ID CD 6X) g bq ' Average number of days attended by eacb pupil, 1910 15'> "In computing the average cost for the education of one pupi/, I have omitted such items of expenditures as were paid for school- houses and sites, furniture and fixtures, bonds and interest on bonds as being expenditures for improvements of a permanent nature. In- cluding all other expenditures I find the cost per pupil per day to be as foUovrs: 1905 1906 1907 1908 1909 1910 , Cents Cents Cents Cents Cents Cents Rural districts 21.1 21 20 23.4 25 27.3 Independent districts 17.2 18 19.6 20.1 22 21.3 "Pupils enrolled in rural schools attended school an average of 84 days each, making the annual cost per pupil about $22.93 for 1910. Those enrolled in independent districts were in attendance 150 days each, at a, yearly cost of $31.95 each, for the same year. "About 67 per cent of all pupils enrolled in the public schools were enrolled in the rural districts; 33 per cent were enrolled in in- dependent districts (5% per cent in regular high schools and 27% per cent in grades below the high school)." POPULATION OF CITIES, TOWNS, AND VILLAGES.' City, Town, or Village. County. 1910. Aberdeen city Brown 10,753 Akaska town Walworth 114 Albee village Grant 131 Alcester village Union 409 Alexandria city Hanson 955 Alpena village Jerauld 417 Altamont town Deuel 110 Andover village Day 446 Ardmore town Fall River 146 Arlington town Kingsbury 791 Armour city Douglas 968 Artas village Campbell Artesian village Sanborn 583 Ashton city Spink 430 Aurora village Brookings 236 Avon city Bonhomme 451 Baltic town Minnehaha 278 Bangor village Walworth Belle Fourche city Butte 1,352 Beresford city ; Lincoln I 1,117 ) Union ) Big Stone city Grant 551 Blunt village Hughes 566 Bonesteel city Gregory 563 Bowdle village Edmunds 671 Bradley town Clark 351 Brandt town Deuel 158 Bridgewater city McCook 934 Bristol village Day 444 Britton city Marshall 901 Brookings city Brookings 2,971 Bruce town Brookings 262 Bryant city Hamlin 645 Buffalo Gap town Custer 280 Burke tovm Gregory 311 Camp Crook village Harding 1^0 Canistota town McCook 409 Canova village Miner 311 Canton city Lincoln 2,103 • The federal census classifies some towns as villages. 1905. 1900. 1890. 5,841 4,087 3,182 89 .... 366 381 .... 938 680 .... 341 153 307 225 232 28 788 314 270 1,125 912 482 42 444 339 256 331 274 359 213 • . • • .... 360 .... .... 19 .... .... 1,023 451 1,192 1,046 532 590 471 214 246 853 754 481 622 337 .... 132 . • • . .... 822 691 410 488 282 199 804 519 514 8,265 191 750 2,346 1,518 405 172 "365 .... 233 169 . . - 2,279 1,943 1,10) APPENDIX 319 City, Town or Village. County. 1910. 1905. 1900. 1890. Carthage village Miner 554 370 265 200 Castlewood town Hamlin 594 611 430 .... Cavour town Beadle 408 145 98 CentervlUe city Turner 971 922 871 723 Central City town Lawrence 296 684 Chamberlain city Brule 1,275 1,007 874 939 Chancellor village Turner 160 131 .... .... Claremont village Brown 294 144 120 121 ' Clark city Clark 1,220 985 684 592 Clear Lake city Deuel 704 630 491 147 Colman village Moody 362 366 213 Colton town Minnehaha 407 Columbia city Brown 235 142 143 400 Conde city Spink 592 282 195 Corsica town Douglas 286 Cresbard town Faulk 320 Custer city Custer 602 596 599 790 Cyanide village Lawrence 146 Dallas city Gregory 1,277 Davis village Turner 164 200 151 De Smet city Kingsbury 1,063 985 749 541 Deadwood city Lawrence 3,653 4,364 8,498 2,366 Dell Kapids city Minnehaha 1,367 1,339 1,255 993 Delmont town Douglas 369 400 Doland city Spink 581 350 235 216 Draper town Lyman 211 Bast Sioux Falls city.. Minnehaha 268 229 232 577 Edgemont city Fall Elver 816 490 479 Efflngton town Roberts 46 33 36 Egan village Moody 516 540 503 399 Elk Point city Union 1,200 1,282 1,081 Elktori village Brookings 742 532 578 331 Emery village Hanson 446 415 247 .... Englewood village Lawrence 91 .... .... Brwin town Kingsbury 230 178 131 Estelllne town Hamlin 509 471 357 210 Ethan town Davison 312 260 Eureka city McPherson 961 693 961 552 Evarts town Walworth 265 .... .... Fairfax town Gregory 500 386 Fairvlew town Lincoln 107 97 .... .... Faulkton city Faulk 802 655 539 462 Flandreau city Moody 1,484 1,455 1,244 569 Florence town Codington 270 .... Fort Meade Meade 162 Fort Pierre city Stanley 792 505 395 360 Frankfort city Spink 408 313 198 186 Frederick village Brown 433 304 251 281 Freeman town Hutchinson 615 601 525 Galena town Lawrence 109 129 .... .... Gann Valley village . . . Buffalo 66 Garretson city Minnehaha 668 640 500 341 Gary town Deuel 477 502 345 277 Gay vllle town Yankton 257 291 Geddes city Charles Mix 701 616 Gettysburg city Potter 936 Glenham town Walworth 182 Goodwin town Deuel 145 132 Greenmount village. .. .Lawrence 262 Gregory city Gregory 1,142 Groton city Brown 1,108 1,064 700 684 Harrisburg town Lincoln 164 145 .... .... Harrold village Hughes 230 .... 57 Hartford village Minnehaha 648 586 423 Hazel town Hamlin 229 210 Hecla village Brown 462 271 160 Henry village Codington 441 358 191 194 Hermosa town Custer 114 .... 77 172 330 SOUTH DAKOTA, A REPUBLIC OF FRIENDS Herreid town Campbell 414 Herrlck town Gregory 412 Hetland village Kingsbury '2'2:i Highmore city Hyde 1,084 Hill City town Pennington 271 Ilitcbcock town Beadle 25:1 Hosmer village Edmunds 217 Hot Springs city Fall Eiver 2,140 Hoven town Potter 209 Howard city Miner 1,026 Hudson town Lincoln 404 Hurley city Turner 506 Huron city Beadle 5,791 Ipswich city Edmunds 810 [Clay 1 Irene village i Turner V 263 1 Yankton J Iroquois town fBeadle ) 578 I Kingsbury . . . . j Java town Walworth 473 Jefferson village Union 407 Kadoka town Stanley 222 Kennebec town Lyman 252 Kimball city. Brule 713 Lake Andes town Charles Mix 920 Lake Norden town Hamlin 202 Lake Preston city Kingsbury ." 1,007 Lane village Jerauld 294 Langford village Marshall 463 Le Beau town Walworth 210 Lead city Lawrence 8,392 Lemmon city Perkins 1,255 Lennox city Lincoln 745 Leola town McPherson 484 Lesterville village Yankton 279 Letcher village Sanborn 402 Lily village Day 175 Lowry town Walworth 90 Mcintosh town Corson 409 Madison city Lake 3,137 Marietta village Fall Eiver Marion village Turner 462 Mellette city Spink 472 Menno town Hutchinson 621 Midland town Stanley 210 Millbank city Grant 2,015 Miller city Hand 1,202 Mitchell city Davison 6,515 Mobridge town Walworth 1,200 Monroe village Turner 169 Montrose town McCook 442 Morristown town Corson 222 Mound City village. . . Campbell Mount Vernon city Davison 614 Murdo city Lyman 372 Nemo village Lawrence Northville city Spink 392 Oacoma town Lyman 235 Oelrichs town Fall Kiver 150 Oldham village Kingsbury 355 Olivet town Hutchinson 133 Onida village Sully 319 Ortley town Roberts 192 Parker city Turner 1,224 Parkston city Hutchinson 970 Peever village Roberts Philip city Stanley 578 Pierpont village Day 314 Pierre city Hughes 3,656 Planklnton city Aurora 712 224 206 241 507 'i62 376 '435 196 163 2,006 135 l,3i9 1,423 705 439 474 3,783 396 588 400 444 2,793 397 '262 344 3,038 539 364 229 411 276 183 277 412 '364 'i29 '462 401 '453 '593 '030 706 337 349 239 198 8,052 6,210 2,581 744 591 • 363 255 329 157 244 130 2,914 19 455 402 581 2,550 '338 354 556 1,730 '24i 413 1,718 702 5,719 208 1,426 544 4,055 1,207 536 2,217 471 373 99 412 "222 'i27 261 304 '243 253 393 161 "222 156 '163 l',227 862 137 '893 596 '728 262 308 2,794 606 2,366 465 3,235 604 APPENDIX 331 City, Town or Village. County. 1910. Platte city Charles Mix 1,115 Fluma village Lawrence Pollock town Campbell 304 Presho city Lyman 635 Preston village Lawrence Pukwana town Brule 164 Ramona town Lake 312 Rapid City Pennington 3,854 Raymond village Clark 241 Redfleld city Spink 3,060 Revillo village Grant 332 Rockham village Faulk 286 Roscoe village Edmunds S57 Roswell village Miner 167 Roubaix village Lawrence Rumford village Fall River St. Lawrence town .... Hand 305 Salem city McCook 1,097 Scotland city Bonhomme 1,102 Selby city Walworth 558 Seneca village Faulk 321 Sherman village Minnehaha 138 Sioux Falls city Minnehaha 14,094 Sisseton city Roberts 1,397 South Shore town Codington 335 South Sioux Falls town.Minnehaha 132 Spearflsh city Lawrence ' 1,130 Spencer town McCook 506 Springfield city Bonhomme 075 Stickney town Aurora 310 Bturgis city Meade 1,739 Summit town Roberts 545 Tabor town Bonhomme 273 Tea town Lincoln 134 Terraville village Lawrence Terry village Lawrence Tinton village Lawrence Tolstoy town Potter 142' Toronto town Deuel 424 Tripp town Hutchinson 675 Turton town Spink 240 Twin Brooks village . . . Grant 190 Tyndall city Bonhomme 1,107 TJtica town Yankton 103 Valley Springs city Minnehaha 331 Veblen village Marshall 173 Verdon town Brown 136 Vermilion city Clay 2,187 Viborg city Turner 410 Vienna town Clark 453 Vilas village Miner . . Volga city Brookings 568 Volin town Yankton 286 Wagner city Charles Mix 964 Wakonda village Clay 326 Wall town Pennington 167 Wallace town Codington 207 Ward village ]^°Pfi^ ^ - J^ Watertown city Codington 7,010 Waubay village Day 803 Webster city Day 1,713 Wentworth town Lake 3^9 Wessington town Beadle S7b Wessington Springs city. Jerauld 1,093 White village Brookings 468 White Lake city ^"Z<"'? • §21 White Bock town Roberts 368 wiiltewood town Lawrence 390 1905. 1300. 1890. 700 • • • • 105 .... • ■ . • 195 .... 50 • ■ 1 ■ • • . . 126 ■ ■ ■ • • ■ • 299 172 1,797 1,342 2,128 1,591 1,015 796 254 187 134 a 2 • ■ a • 114 94 50 • • ■ ■ 457 ■ • . . 5 .... 149 115 320 810 741 429 1,120 964 1,083 349 12,283 10,266 10',i77 1,375 928 • ■ • < 270 ■ • . • 103 114 1,158 1,166 678 393 332 717 525 302 1,329 1,100 668 373 237 • . . . 301 633 .... 483 «... 108 411 447 148 496 366 226 175 .... .... 1,171 1,167 509 73 362 388 308 146 121 2,147 2,183 1,496 329 222 .... 371 171 156 , . 552 396 298 245 .... 513 246 220 "74 5,164 3,352 2,672 540 430 .... 1,918 1,506 618 296 ,181 722 320 .... 479 454 137 366 264 366 337 170 352 311 443 332 SOUTH DAKOTA, A REPUBLIC OF FRIENDS City, Town or Village. County. Willow Lake town. . . .Clark Wilmot city Roberts Winf red town Lake Wolsey town Beadle ....... Woonsocket city Sanborn 1,027 Worthing village Lincoln 179 Yankton city Yankton 3,787 1910. 1905. 1900. 1890 437 298 210 240 427 391 352 243 228 . • . • 436 182 122 1,027 929 648 687 179 220 213 3,787 4,189 4,125 3,670 GLOSSARY. If you do not find the definition or explanation you seek in this list, consult the reference given in the Index. ABSTRACT OP TITLE. An outline history of the title or ownership of land, giving each transfer, mortgage, lien or other charge affecting the ownership. ACKNOWLEDGMENT. The act by which one who has signed a deed or other legal paper declares before a justice, Judge, or notary public that it is his free act and deed. The certificate of the officer is also called an acknowledgment. ACTION. The proceeding in court to enforce a right. Also called a suit. A criminal action is one prosecuted by the state against a person charged with a public offense, for the punishment thereof. All others are civil actions. ADMINISTRATOR. A man appointed by a county judge to take charge of the property or estate of a person who has died without making a will. If a woman is appointed she is called an administratrix. AFFIDAVIT. A written declaration under oath, made without notice to the adverse party. See "deposition." ASSETS. Property available for the payment of debts. ATTACHMENTS. The seizure of property by a legal process for the purpose of having it disposed of according to law. BAIL. The security given for the appearance of a prisoner before the court. The bail may be cash or a bond signed by some person who is competent to pay the sum named if the prisoner does not appear at the proper time. Where a prisoner's own bond is accepted it is called a recognizance. BAILMENT. The holding by one person of another person's property. The person holding the property is called the bailee. The owner is the bailor. CERTIORARI. See "writ." CHATTEL. An article of personal property. CHATTEL MORTOAOE. A mortgage in which horses, furniture, or other chattels are offered as security for the payment of a debt. CODE. A body of laws on a given subject. In 1903 the state legislature adopted what are called the "Revised Codes of 1903." These include a political code, a civil code, a code of civil procedure, a probate code, a justice code, a penal code, and a code of criminal procedure. COMMON LAW. The old laws of England developed by usage. They are in force in South Dakota in those cases not provided for by legis- lative enactment. CONTRACT. A contract is an agreement between two or more persons, based upon consideration, to do or not to do some particular thing. To be legal and binding : 1. There must be an offer by one party and an acceptance of the offer by another. 2. The parties to the contract must be of lawful age and sound mind, excepting when It is a contract for necessaries. 3. There must be consideration. This may be money, goods, or a valuable act performed, or a promise of it. If a contract without consideration has been performed it is legal, but a gratuitous promise cannot be enforced. A past consideration will not support a promise. 4. The thing performed must not be unlawful. 5. An oral contract is just as binding as a written contract with a few exceptions. 'The following contracts must be in writing to be enforced in South Dakota : a. For the sale of land or for its rental for more than one year. b. For the sale of personal property to the value of $50.00 or more, unless there be a part payment or the delivery of a part of the goods. c. Contracts not to be performed within a year or extending over more than a year. d. An agreement to pay the debt or default of another. e. An agreement made upon consideration of marriage, other than a mutual promise to marry, 323 324 SOUTH DAKOTA, A REPUBLIC OF FRIENDS CORPORATION. "A corporation is a creature of the law, having certain powers and duties of a natural person." "Corporations are either public OP private." "Public corporations are formed or organized for the government of a portion of the state. Such corporations are regulated by the political code, or by local statute. Private corpora- tions are formed for the purpose of religion, benevolence, education, art, literature, or profit ; and all corporations not public are private. The Instrument by which a private corporation is formed is called 'articles of incorporation,' or 'certificate of incorporation.' And one- third of the officers of such corporations shall be residents of this state." — Civil Code. DEED, WARRANTY. A written contract whereby one person conveys his right and title to land to another person and guarantees his ownership. A quitclaim deed simply conveys whatever title is pos- sessed but does not warrant the ownership. DEFENDANT. The party against whom an action is brought. DELINQUENT, (a) A person under eighteen years of age who is guilty of immorality, truancy from school, the use of cigarettes, or other wrong doing. Such person is subject to commitment to the state training school, (b) Taxes or debts due and unpaid are said to be delinquent. DEPOSITION. A written declaration under oath, made after notice has been sent to the adverse party for the purpose of enabling him to at- tend and cross-examine ; or made upon written questions. When it is impossible for a witness in a case to attend court and testify, his deposition may be taljen and presented as evidence. EASEMENT. Certain rights in land are called easements. Among them are the right of pasturage, of fishing, of hunting, or travel, of water, of wood or minerals, of conducting lawful sports, of burial. (If a person has the right to be buried on a certain piece of land this right is called an easement.) EMINENT DOMAIN. The right of the government to take private prop- erty for public uses. This right may be exercised by the United States, the state, the county, the city, the township, the town, and the school district. The state permits railroads, and telegraph and telephone companies to exercise the right of eminent domain to a certain extent. All private property thus fallen must be paid for. If necessary a board of appraisers Is appointed to determine the value of the property. EXECUTION, a. The legal taking of a human life ; in South Dakota by hanging. It is called capital punishment and may be Inflicted only for treason or murder m the first degree (deliberately planned). Many states have abolished capital punishment, as it is not a pre- ventive of crimes of that kind. b. The legal process of taking property for the payment of a debt. There are three kinds of executions: (1) against the property of one who owes debts, has been sued and nudgment has been rendered against him by the court. (See Exemptions in the Index.) (2) Against the person in the form of an arrest if he is about to leave the state without paying his debts, or if property Is being concealed or shipped away to prevent its being seized for debts. (3) For the delivery of the possession of property. Replevin or "claim and de- livery" is a process whereby the sheriff seizes property rightfully belonging to another person. In no case can a person compel an- other to yield possession of property, even though wrongfully held. A peace officer, with proper authority from a judge or justice of the peace, alone can lawfully do this. This is also true of selling mortgaged property. EXECUTOR (eks-e'cu-ter). A person named in a will to carry out its provisions. EXEQUATUR (eks-e-kwa'tur). A writ issued by the federal secretary of state to a consul from a foreign country authorizing him to exercise his powers in the place to which he is assigned. FELONY. A crime punishable by death or penitentiary Imprisonment. A lesser crime is called a misdemeanor. FRANCHISE. A privilege granted an individual or corporation, such as a right to conduct an electric lighting plant in a city. The term Is also applied to the right to vote. FREE COINAGE. The right to present a metal at a mint and have it coined into money. We have the "free coinage" of gold but not of APPENDIX 325 any other metal. Whether the government makes charge for the coinage (the United States does not) has nothing to do with the use of the term. OERBYMA'NDER. A political device in the districting of a state to have the boundaries so arranged that large numbers of the opposite party may be in a few districts so that in the majority of the districts the party which does the gerrymandering may elect representatives. INDETERUINATE SENTENCE. Certain criminals may be sentenced to the penitentiary for an indefinite period. When the governor of the state thinks best the prisoner is found employment and released on parole, that is, on good behavior, for a certain length of time, usually six months, after which he may be given freedom. INFANT. A person under twenty-one years of age is called, in legal terms, an infant. INJUNCTION. See "writ." INTEREST. Money paid for the use of money is called interest. Legal interest is the rate which must be paid when there is no rate specified or upon a warrant, note, draft or other debt that Is due and unpaid. The legal rate in South Dakota is seven per cent. It is unlawful to charge more than twelve per cent. An interest charge in excess of twelve per cent is called usury. No interest can be collected on a note specifying a rate higher than twelve per cent. LEGACY. A gift by will. LIEN (leen). A claim which a person has upon the property of another because of a debt. MAJORITY, (a) Twenty-one years of age. (b) Over one-half the total. MANDAMUS. See "writ." MARQUE, LETTERS OF. A "mark" or "march" meant the boundary ; a letter of marque authorized the person receiving it to cross the boundary and seize property of the enemy. Private ships given authority of this kind are called privateers. Most nations no longer grant "letters of marque and reprisal." MINOR. A person under twenty-one years of age. MISDEMEANOR. See "felony." MORTGAGE. A written grant or conveyance of property to a creditor for the security of a debt, to become void when the debt is paid. The one who gives the mortgage is called the mortgagor ; the one who receives it is the mortgagee. The ownership and possession of the property remain with the mortgagor. The legal process by which the ownership and possession pass to the mortgagee is called foreclosure. , Redemption is the process by which the mortgagor may again recover - the property he lost through foreclosure. NOTARY PUBLIC. A person appointed by the governor for four years (renewable) and given the power to administer oaths, acknowledg- ments, affidavits, and depositions anywhere within the state. ORDINANCE. A law for the government of a city or town passed by the authorities of the city or town. PASSPORT. A document issued by the federal secretary of state to a citizen certifying that he Is a citizen and entitled to the protection and safety accorded such citizens when traveling in a foreign coun- try. In order to travel in Russia and in many other countries one must have a passport from his home country. PENAL (pe'nal). Pertaining to punishment, more particularly to the penitentiary. , , „ ,. PERJURY. A willful falsehood made under oath or affirmation. Perjury is a penitentiary offense. PERSONAL PROPERTY. See "real property." PLAINTIFF. The party who brings an action at law against another. If a criminal action the government Is always the plaintiff. PLURALITY. In an election, the highest number of votes. Suppose A receives 1,000 votes ; B, 1,200 votes ; C, 900 votes. B will then have a plurality of the votes but not a majority (over one-half the total number). For most offices the one receiving a plurality of votes is elected, even though he may not have a majority. POWER OF ATTORNEY. By an attorney we usually mean a lawyer who has been licensed to practice in the courts. In this case it means a writ which authorizes one person to sign another person's name. A power of attorney must be acknowledged before a notary public, justice, or judge. An Infant cannot give a power of attorney, though he may receive one. 326 SOUTH DAKOTA, A REPUBLIC OF FRIENDS PROHIBITION}, WRIT OF. See "writ." QUASH. To set aside or make void. 0170 WARRANTO. See "writ." REAL ESTATE. By real estate or real property Is meant that property whicii is fixed and immovable, such as land and what is erected or growing on It or found beneath it. Other property is called per- sonal. Some things which are movable are real property, such as fences. A house erected on rented land and built with the intention of moving it is personal property. Most growing crops on rented land are personal property (called emhlements). REQUISITION, (a) A formal demand by the ruler of a country upon the ruler of another country (or the governor of one state upon the governor of another state) for the surrender of a person who is charged with a crime. The response to a requisition is called ex- tradition, (b) A demand made by a person or officer upon some governmental authority for supplies or the payment of a debt. SMUOOLINO. Bringing goods into a country without paying the re- quired duties, or import taxes. STATUTE. A law enacted by the state legislature or by congress. STATUTE OF LIMITATIONS. A law requiring that an action for debt must be commenced within a certain time or the debt cannot after- wards be legally collected. On open accounts, as with a store, the time In South Dakota is six years from the date of the last account ; on notes it is six years from the time the note is due ; a judgment for a debt must be collected within ten years. SUBPOENA. A subpoena (Lat. sub, under+poenOj punishment) is a writ summoning a witness to court. SUFFRAGE. The right to vote. SUIT. A proceeding at law. An action. TRIAL. A judicial examination of the issues between parties, whether issues of law or of fact. VENIRE (ve-ni're). A venire (meaning "to go") is a writ summoning a juror to court. VENUE, (a) The place where an action is tried. If the judge is related to a party to a suit a change of venue may be demanded, (b) The heading of legal documents showing the place, — the state and county. VOID. Null, of no effect. A contract to do an unlawful act is void. VOIDABLE. Capable of being made void. Most contracts made by a minor are voidable by the minor. WATERED STOCK. Stock, or shares in a corporation, which do not represent actual Investment. If a factory costs ten thousand dollars and shares to the value of twenty thousand dollars are issued, it is plain that half of the stock is a make believe investment, or "water." Such proceedings are unlawful. WILL. A written instrument by which a person makes a disposition of his property to take effect after his death. WRIT. Special civil proceedings are provided for by the issuance of certain writs by the state supreme court or a circuit court. A writ of mandamus (manilare — to command) summons a person to court, usually an officer, to show why he does not to do some specified thing requested or required of him. After an investigation the judge decides whether he must .do it. A county treasurer may refuse to pay a warrant issued by the county auditor If he thinks the claim is unlawful. A writ of mandamus may be issued by the judge com- manding him to show why he does not pay the warrant. The judge then decides whether it shall be paid. A writ of prohibition Is the counter-part of a writ of mandamus, stopping the performance of an act believed to be unlawful. An injunction is a form of a writ of prohibition (though sometimes it commands performance). The state supreme court or a circuit court may issue any of these writs. In case a court or board has exceeded its authority, a higher court may issue a writ of certiorari (ser-shi-o-ra'ri) whereby the case or proceedings are reviewed and corrected. A writ of quo warranto, mentioned in the constitution, was formerly issued to determine "by what right" a person occupies an office. It is rarely used now, however, but any such matter is settled by a civil action. INDEX Aberdeen 70, 239, 313-318 Abstract of title 323 Acknowledgment 323 Action 323 Administrator 323 Affidavit 323 Affirm (see Oatb) Agricultural exp. station 263 Alaska 318 Albee 318 Alcester 318 Aldermen 186 Alexandria 318 Alien 240 Alfalfa 67 All Saints' School -79 Alpena 318 Altamont, town 318 Moraine 32 Alterna-tes 250 Altitudes 71, 72, 73 Ambassadors 254 Amendments — to federal constitution 272 to state constitution 148 Amldon, Joseph 107 Anarchist 241 Ancient ice sheet 31 Andover 318 Antelope moraine 36 Anticyclones 52 Appellate jurisdiction 196 Appointments 141 Apportionment — federal 233 state 121 Appropriations 301 Ardmore 318 Area of state 27 of counties 315 Arlington 318 Armour 313-318 Armstrong, county 315 Moses K 88, 277 Arrest 166 Artas 318 Artesian, village 318 wells 42 Ashley, W. H 106 Ashton 318 Assay office, lU. S 71 Assessment 164 Assessor 176, 181, 189 Assets 323 Attachment 322 Atlantic Ocean 52 PAGES Attorney, city 189 power of 325 state's 168 to license 197 Attorney general 147 Auditor, city IS'J county 167 state 142 Augustana college 78, 79 Aurora, county 313-315 village 318 Austria-Hungary 254 Avon 318 B Bad lands 30-44 Bad river (see Teton river).. . Bail 323 Bailment 322 Ballot 225 Ballot box 226 Baltic 318 Bangor 318 Bank, deposits 63 examiner 148 Bankruptcy 241 Barbecue 224 Barley 67 Beadle, county 313-315 W. H. H 9, 93, 95 Bear Butte 72 Belknap, W. W 235 Belle Fourche, city 313 river 30 Beresford 313-318 Bible 215-242 Big Foot 109 Big Stone, city 318 lake 38 Bill, legislative 131 Bismarck, N. D 95 Black Hills 30-39 Black Hills War lOT Black Moon 108 Bliss, Philemon 82 Blizzards 53 Blount, William 235 Blunt 318 Boards, state, Chap. X (see also Commissioners, Equal- ization, Health, Regents, etc.) Bonesteel , 313 Bon Homme 313-315 Boundaries of S. D 27-29 Boss, political 221 338 INDEX PAGES Bowdle 313-318 Bradley 318 Brand (see Mark) Brandt 318 Bribe 281 Bridges 103 Bridgewater 318 Bristol 318 Britton 313, 318 Bromus 67 Brookings, county 313-315 city 73 Wilmot W 87 Brown county 313-315 Bruce 318 Bruenier, T 87 Brule, county 313-315 Lower, Indians 109, 316 Bryant 318 Buffalo, county 313 grass 67 Buffalo Gap 318 Building inspector 150 Burbank, J. A 314 Bureau (see Cabinet) Burke, Chas. H 315 Butte 313 C Cabinet, President's 256 California 22 Campaign, political 224 Campbell county 313-315 Camp Crook 318 Canistota 318 Canova 318 Canton 73, 313-318 of Switzerland 175 Canvassers of Elections 228 Capital, South Dakota 104 United States 244 Capitol, South Dakota 2, 104 United States 232 Carthage 319 Castlewood 319 Catholic, college 79 missionary, first 103 Cattle 67 Caucus 221 Cave Hills 30 Census 315-318 CentervlUe 319 Central City 319 Certificate to teach 210 Certiorari, writ of 325 Challenging a voter 227 Chamberlain 313-319 Chaplain 125 Charities and corrections 153 Char-les Mix county 313-315 Chai ters, city 185 Chase. Salmon P 235 Chattel 322 mortgage 322 Cheyenne river 47 reservation 109 Chinook winds 53 Chisholm vs. Georgia 266 PAGES Chouteau, Pierre 85 Circuit courts (see Courts) . . . City, Chapter XIV commission 189 courts 188 justice 188 ordinance 187 Citizen 24C Civil action 19& Civil service township 175 war 106 Claremont 319 Clark, county 315 city 319 Clay county 313-315 Clear Lake, city 319 Clerk, of courts 165 of election 165 of school board 165 of town 181 of township 176 Climate 50 Clover 67 Codes 277-322 Codington county 313-315 Coinage 242 Colman 319 Colleges of S. D 79 Colton 319 Columbia, city.. 319 District of ^244 Commerce and labor "264 Commissioner, city 185 county 163 of insurance 149 of Soldiers' Home 153 of school and public lands.. 144 Committees, legislative 129 Common law, defined 322 Complaint _. . . 199 Compulsory education 207 Conde 319 Congress 233 Congressional, districts 173 survey 174 townships 173 Constable 177 Construction of constitution.. 219 Consul 254 Constitution, S. D 279 United States 233 Constitutionality of a law .... 196 Contested election 124 Contract 322 Convention 221-250 Copyright 242 Corn 63 palace 64, 66 Coroner 169 Corporations 207-324 Corsica 319 Corson county 315 Coteaus 28 Council, city 186 County, Chapter XI auditor 167 commissioners 163 hospital 163 INDEX 329 PAGES judge 171 list of 315 officers of 165 superintendent 169 Court, Chapters XV. and XXI.— calendar 165 circuit, of appeals 267 circuit, federal 267 circuit, state 197 city 188 clerk of 195 commissioner 269 county 171 district, federal 267 jurisdiction of 195 justice of peace 177 juvenile 171 of claims 269 of commerce 240 probate 171 supreme, federal 266 state 194 Crane, Frank 9, 145 Ci'awford, Coe 1 10,140-236 Crazy Horse 108 Cresbard 319 Criminal procedure 199 Cross-examination 200 Crow Creek reseryatlon. ...100-316 Curtesy 167 Custer, city 319 County 315 George A 107 Custom 116 Cyanide 68 Cyclones 52 D Dairy exports 150 Dakota, Democrat 103 Land Company 86 meaning of name 19 river 29 sandstone 41 Wesleyan University 78, 79 Dakotaian 104 Dallas 319 Davis 319 Davison county 313-315 Day county 313-315-319 Dead letter laws 221 Dead letters 262 Deadwood 71-313-319 Deed 324 Defendant 323 Delegates 222 Delinquent 323 Dell Rapids 319 Delmont 319 Denver, Col 40 Deposition 324 De Smet. city 313-319 Father, Peter J 103 Deuel county 313-315 Dewey county 315 Direct taxes 238 Disease 22 District of Columbia 244 „. PAGES Diversified farming 55 Doland 319 Douglas county 313-315 Dower 167 Draper ..'.[ 319 Dred Scott decision 196 Dupree 315 Duties on imports 239 E Easement 324 East Sioux Falls 319 Edgemont 319 Bdgerton, A. J 96 Edmunds, county 313-815 Newton 314 Education 167 Educational institutions 79 EfBngton 319 Bgan 319 gsgs 68 Elections 208-218-252 Electoral college 251 Electors (see Voters) presidential 251 Elk Point 313-319 Elkton 319 Elrod, S. H 9, 140-236 Emery 319 Eminent domain 324 Enabling Act 97 Engineer, state 150 Ehglewood 319 Equalization, board of — "^y , 186 county 164 state 141-142-152 town 181 township 175 Erwin ,] 319 Estelline 319 Ethan , 319 Ethical instruction 2I6 Eureka 313-319 Evarts 319 Evidence 199 Examiners, boards ot. . . . . .'. 154 Executive accountant 148 Execution 324 Executor 324 Exemptions 242 Exequator 324 Ex post facto law 132-247 Extradition 141 F Fairfax 319 Fairview 319 Fall River county 315 Faulk, county 313-315 Andrew J 313-314 Faulkton 319 Federal courts (see Courts) Federal executive. Chapter XX, Federalists 219 F%es for certificates 215 Fgfony 324 330 INDEX PAGES Fertility of soil 57 Fire department 189 First school house, etc 88, 93 Flag, salute 14-24 state 25 United States 24 Flandreau 313-319 Flax 67 Florence 310 Flower, state 23-25 Foreclosure (see Mortgage) Fort Meade 72 Fort Pierre 73-319 Fort Randall 311 Fort Sully 311 b'ort Tecumseh 104 Fort Teton 104 France 219-234 Franchise 324 Frankfort 319 Frederick 319 Free coinage 323 Freeman 310 French Creek 107 Fugitive from justice 141 G Gall (Indian) 108 Gamble, John R 315 Robert .1 315 Game Warden ] 50 Gann Valley 319 (iarnets 68 Garretson 319 Gary, town 319 moraine 36 Gas, natural 69 Gayville 319 Geddcs 319 Gems 39 Geological, folios 277 survey 278 Geologist, state 43 Germany 254 Gerrymander 325 Gettysburg 319 Ghent treaty of 255 GUford, Oscar S 96 Glacier, Dakota 31 Glacial drift 31 lakes 31 moraines 32-33-35-36-37 Gleason, W. B 89 Glenham 319 Glenn, S. W 9-60 Glossary 322 Gold 67 Goodwin, town 319 „ Mrs 103 Governor, duties 138 Grand jury (see Jury) Grand river 47 Massacre 108 Granite 68 Graphite 68 Grant county 313-315 Great Britain 254 Greenbacks 241 PAGES Greenmount 319 Gregory, city 313-319 county 315 Groton 313-319 Guards, state 131 Gulf of Mexico 52 Gypsum 41-68 H Habeas corpus 195-268 Hall, C. M 278 Hamilton, Alexander 219 Hamlin county 313-315 Hand county 313-315 Hanson county 313-315 Harding county 315 Harrisburg 319 Harrison, Benjamin 99 Harney Peak 39 Harrold 319 Hartford 319 Hay 67 Hazel 319 Health, board of 154 Healthfulness 21 Health resorts 72 Hecla 319 Henry 319 Hermosa 319 Herreid, town 313-320 Charles N 9, 139, 236 Herrick 320 Heston, J. W 277 Hetland 320 Hlghmore 320 Hill City 320 Hill, George D 89 Historic Items, Chapter VI. History, department of 151 Hitchcock 320 Hogs , 67 Holidays 2I6 Homestake mine 71 Hosmer, village 320 Hot Springs 72-320 House of Representatives — federal 233 state 119, 121 Hoven 320 Howard, city 320 William A 314 Hudson 320 Hughes county 313-315 Humphreys, W. W 235 Hurley ■ 320 Huron, city 72-320 college 77-79 Hutchinson county 313-315 Hyd& county 313-316 I lee sbeet 31 Idaho 88 Incorporation 180 Imaginary journey 81 Impanelling a jury 203 Impeachment ....133-235-236-256 INDEX 331 PAGES Implied powers 245 Independent district 209-317 Indeterminate sentence 325 Indian reservations 109 Indiana 106 Indictment 202 Infant, defined 325 Injunction 325 Inkpaduta 108 Initiative and Referendum. 134-187 Insane, tiospitals for 74 Inspectors of election 225 Internal revenue 71-239 Interstate commerce 240 Intrastate commerce 240 Iowa 83 Ipswich 313-320 Irene 320 Iroquois 320 Irrigation 30 Irving, J. D 277 J Jail 166 James river 29-36 Java 320 Jav. John 218 Jayne, William 10-16-91-314 Jefferson, village 320 Thomas 218 Jerauld county 313-316 Johnson, Andrew 235 Journal. legislative 142 Judge (see Court) Judicial department. Chapters XV. and XXI. Jurisdiction (see Court) Jurisprudence, maxims of ... . 203 Juror 202 Jury 201-202 Justice of the peace 177 Juvenile court 171 E Kadoka 320 Kampeska. lake 32 Kanouse, T. D 97 Kansas 320 Kennebec 320 Kidder, J. P 87 Kiester, moraine 38 Kimball 320 Kingsbury, county 816 Kittredge, A. B 236 Keya Paha river 29-89 Kyle, J. H 236 L La Framboise, Joseph 103 Lake Agasslz 38 Lake Andes 320 Lake county 316 Lake Preston 320 Lakes 32 Lane 320 Langford 320 PAGES Lawrence county 316 Lawrence, C. 6 9, 147 Lead, city 71-313-320 Leavenworth, Henry 106 Le Beau 320 Lee, A. E 139-236 Legacy 325 Legal tender 242 Legislative districts 121-122 Legislature 121 Lemmon 320 Lennox 320 Leola 313-320 Lesterville 320 Le Seuer 103 Letcher 320 Lewis, Meriweather 85 Librarian, state 151 Licenses 165 Lien, defined 325 Lieutenant governor 124 Lily 320 Lincoln, Abraham 89 county 313-316 Little Big Horn river 108 Loose construction 219 Lottery 132 Louisiana 82-84 Purchase 83 Lowry 320 Lutheran schools 79 M MeCook county 313-316 McCoy, J. H 9 Mcintosh 320 McKay, William 107 McNulty, Frank 9 McPherson county 313-316 Madison, city 73-314-320 lake 32 Majority 325 Mandamus, writ of 325 Manganese 68 Map study 81 Marietta 320 Marion .' 320 Mark and brand committee. . 154 Marriage license 165 Marshall county 314-316 Marshal, U. S 113 Marque, letters of 325 Martin, Eben W 235 Mathematical geography 173 Maxims of jurisprudence 203 Mayor 187 Meade county 314-316 Medary 107 Mellette, city 320 Arthur C 99-146 Menno 320 Mennonlte college 79 Message 129-256 Messiah War 108 Mexico 254 Mica 68 Michigan 83 Midland 320 332 INDEX PAGES Milbank 314-320 Militia 138 Mileage 123-238 Miller 314-320 Miner county 314-316 Ministers, foreign 254 Minor, defined 325 Minnehaha county 314-316 Minnesota 84 Mint 260 Mir of Russia 175 Misdemeanor 325 N Naples, Italy 55 Nash, George W 9-10, 79-145 National bank 260 Natural gas 69 Naturalization 240 Nebraska 83 Nemo 320 New England township 173 Niobrara river 29-89 Nominations 218-223-249 Normal schools Aberdeen 77-79 Madison 76-79 Spearflsh 77-79 Springfield 77-79 North America 27 North Dakota 97 Northern Normal and Indus- trial School 77-79 Northville 320 Notary public 325 O Oacoma 320 Oath 124-200 Oats 67 Oelrichs 320 O'Harra, Cleophas C 9-47-278 Oil Inspectors 149 Olander, J. Fred 10 Old Glory 14 Oldham 320 Old Settlers' Historical Assn.. 90 Olivet 320 Onida 320 Onyx 68 Ordinance 187-325 Ordway, N. G 95-314 Ore 39 Orleans, territory of 83 Ortley 320 Owl river 30 P Pacific Ocean 85 Pages 126 Pardons, board of 141 Parker, city 314-320 William H 235 Parkston 320 Patents 243 Patent to land 144 Pawnee House 103 PAGES Peck, James 235 Peever 320 Penitentiary 153 Pennington 314-316 Perjury 200-324 Permanency of climate 59 Perisho, E. C 9-43 Perkins 816 Peterson, E. Frank 278 Philip 320 Pickering, John 235 Pickler, J. A 99 Picotte, C. F 87 Pierpont .' 320 Pierre 73-314 Pine Ridge reservation 109-316 Pioneer privations 62 Plains 28 Plaintiff 199-325 Plankinton 74-314-320 Plaster 68 Platte 314-321 Pluma 320 Pocket veto 238 Police 189 justice 188 Political parties 218 Polling places 225 Pollock 314-321 Poll tax 175 Polygamy 241 Poor farm 163 Population 315-318 Postmaster 125 Postmaster general 262 Potatoes 67 Potter 316 Powers of Congress 238-245 Powers denied. Congress 247 states 132-247 Poultry 68 Precipitation 56-58 Preglacial conditions 31 Presentment 202 Presho 321 President 249 election of 251 nomination of candidates. 249 powers of 249 succession 253 Press and Dakotan 104 Preston 321 Primary elections 222 Printer, state 155 Probate court 171 Prohibition 99 Public school system, Chapter XVI. Pukwana 321 Q Qualifications of — city commissioners 192 county officers 169 elector 226 governor 140 Judges 287 president 253 state officers 123 teachers 210 INDEX 333 PAGES town officers 17T Quarantine 189 Quartzite 68 Quash 325 Quorum 124 Quo warranto 326 R Railroads 104 Railway commissioners 147 Rainfall (see Precipitation) Ramer, M. M 10, 145 Ramona 321 Rapid City 71-321 Raymond 321 Reading circle 154 Recall, the 190 References, list of 277 Referendum (see Initiative) Red Cloud War 107 Redfield, city 74-321 A. H 87 College 78-79 Red Valley 40 Ree Indians 106 Regents' certificate 214 Regents, board of 152 Register of deeds 167 Remedial writs (see Writs) Reporter, court 195 Republic of friends 19 Requisition 325 Reservations, Indian 109 Revillo 321 Revocation of certificates.... 215 Riggs, S. R 103 Roberts county 314-316 Robinson, Doane 9, 146, 278 Rockham 321 Roscoe 321 Rosebud reservation 109-316 Roswell 321 Roubaix 321 Rules 126 Rumford 321 Rural schools 208-317 Russia 175-254 S Saint Lawrence 321 Salaries 151 Salem 314-321 Sanborn 314-316 Sandstone 40-41 School, districts 207 first, in South Dakota .... 88 93 statistics 316 of mines 75-79 Seal 19-20 Seasons 21 Secretary of, agriculture 263 commerce and labor 264 interior 262 navy 262 senate 125 state, federal 259 state 119, 121, 236 historical society 151 treasury 260 PAGES „ war 261- Sectarian teaching 207 Selby 321 Senate, federal 235 state 119-121-236 Seneca 321 Sessions of Congress 236 Shale 42 Sheldon, C. H 139 Sheriff 166 Sherman 321 Short ballot 229 Short Bull 108 Sioux Falls, city 70-321 constitution 96 quartzite 70 College 78-79 Silver gg Sisseton 314-321 Sitting Bull .-. 108 Smith, E. G 315 George M 278 Smuggling 325 Soils 31-57-62 Soldiers' Home 72-153 Solidarity of race 6 Song, South Dakota 18 South Shore 321 South Sioux F'alls 321 Speaker of house 126 Spearflsh 71-321 Speltz 67 Spencer 321 Spodumene 68 Springfield 74-321 Standing Rock reservation . . . 109 State's attorney 168 State College 75-79 Statute 326 Statute of Limitations 326 Stickney 321 Strict constructionist 219 Sturgis 72-314-321 Struck-by-the-Ree 107 Subpoena 326 Suffrage 325 Summit 321 Superintendent of, census. . . . 151 city schools 215 county schools 169 public instruction 143 vital statistics 151 Supervisors, township 175 Supremacy of nation 116 Supreme court (see Court) Survey 173 Surveyor 169 Swanson, C. E 10 Swayne, Charles 235 Switzerland 175 Sylvan lake 72 Table lands 29 Tabor 321 Taft, William H 249 Talesmen 203 Talleut, Annie E 278 334 INDEX PAGES Tariff 239 Taxes 178 Tea, town 321 Temperatures 50-52 Terminal moraine 32 Terraville 321 Terry 321 Teton, Indians 106 river 30 Thanksgiving 21fi Tin 68 Tinton 321 Title of nobility 247 Todd, J. E 9-278 J. B. S 87 Tolstoy 321 Tornado 53 Toronto 321 Town, Chapter XIII. meeting 175 Township, Chapter XII. high school 209 Transporting pupils 208 Traverse, lake 38 Treason 269 Treasurer, city 188 county 168 school district 209-210 state 142 town ■ 181 township 176 Treasury, notes 242 secretary of 260 Treaties, foreign 255 Indian 106 Tree Planting 215 Trial 326 Tripp, town 321 county 316 Bartlett 314 Truant officer 207 Trudeau House 103 Trustees, town 181 Tungsten 68 Turner 317 Turton 321 Twin Brooks 321 Tyndall 321 U University 75-79 United States, land office. .70-71-73 weather bureau 50-59 Union 316 Ustrud, H. A 10-146 Utlca 321 V Vacancies 254 Valley Springs 321 Veblen 321 Venire 200-326 Venue 326 Verdict 201 Verdon 321 Vermillion, city 73-314-321 river 29 Vessey, R. S 9-140-236 Veterinary surgeon 150 Tr 4. ^ , PAGES Veto, Governor s 132 mayor's ige pocket 238 President's 238 Viborg 321 Vice President 249 Vienna 321 yi fs 321 Village 180 yo?a 321 yolm 321 Voting 226 Voters 221-225 Wagner 321 Wahpetou Indians 85 Wakonda 321 Wall :.: 321 Wallace 321 Washington, D. C .'..'. 244 George 2I8 War, department 261 declaration of 243 Ward, village 321 of a city igg Watering stock 326 Watertown 72-314-321 Waubay 321 Wealth 2''-63 Webster 314"321 Weights and Measures 143 Wells, artesian 42 Wentworth 321 Wessington 314-321 Wessington Springs 321 seminary 79 Western Land Company 86 White 321 White Lake 321 White Rock 321 White river 30-47 Whitewood 321 Wheeler 321 Whetstone creek 38 Will 326 Williams, J. S 89 Williamson, Thomas E 103 Williston. S. P 89 Willow Lake 322 Wilmot 322 Wind, cave 72 velocity 54 Wlnfred 322 Wisconsin 83 Wolsey 322 Woman's Suffrage 226 Woonsocket 314 Worthing 322 Wounded Knee, battle 109 Writs 326 Wyoming gg Y Yankton 73-104-314-316-322 College 77-79 Young, C. M 278 Z Ziebach county 316 HljW!»«W*tB4%n