The Convention

North Dakota State Constitutional Convention 1889 [updated-6.1 v3]

The Proceedings and Debates of the Constitutional Convention of North Dakota from July to August of 1889.

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Membership (75 members):


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Sessions (49)

Members of the Convention assembled and elected temporary officers and a temporary chairperson. The Committee on Credentials and the Committee on Rules for Permanent Organization were then appointed.

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The Committee on Credentials presented its report on the persons entitled to seats in the Convention, which was adopted. Frederick B. Fancher was elected as permanent president. A Committee of Seven on Rules was appointed.

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The Committee on Rules presented their report on the Rules of the Convention, which was partially adopted and printed.

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Elections for the officers of the Convention were held, and the Constitution of the United States of America was adopted. The members of the Joint Commission were then appointed. The Convention then took up the Rules of the Convention in the Committee of the Whole. The Convention the adopted the rules as amended. The Convention resolved back into the Committee of the Whole for the address of Mr. Blackwell before adjournment.

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Territorial Governor A. C. Mellette addressed the Convention. A committee of three was appointed on securing rooms for use by the Convention. A resolution authorizing the Joint Commission to establish the state borders was adopted. Reverend R. C. Wiley then addressed the Convention before adjournment.

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Mr. Griggs proposed an article on counties to the Constitution, which was read a first and second time and referred to the Committee on County and Township Organization. There was also a discussion on whether resolutions should be printed only once the respective committees have reported them. Mr. Miller was excused from attendance on July 13th.

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A resolution for appointing a Committee of five by the President was indefinitely postponed. The Committee on Printing presented a report which was adopted.

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Council Bill No. 60 was presented and ordered printed. Various files were then read for the first and second times and referred to committees.

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A resolution that no articles be received by the Convention after July 22 was presented and adopted. Various articles were then read for the first and second times and referred to committees. Reports of the committees were then presented.

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Various files were read for the first and second times and referred to committees. Judge Thomas M. Cooley addressed the Convention. The Convention then resolved into the Committee of the Whole for the discussion of the Compact with the United States and reports of the committee on Printing which were then adopted as amended by the Convention. A Resolution on the Publication and Distribution of the Debates and Proceedings was presented and referred to the Committee of the Whole.

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Various files were read for the first and second times and referred to committees. The Convention then resolved into the Committee of the Whole for the discussion on Resolution on the Publication and Distribution of the Debates and Proceedings which was then adopted as amended in the Convention.

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Various files were read for the first and second times and referred to committees. The report of the committee on Revenue and Taxation was then presented and taken up in the Committee of the Whole. The Committee of the Whole reported progress before adjournment.

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Two files were read for the first time.

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Files No. 44 and 46 were further considered and resubmitted to the committee on Revenue and Taxation. Various files were read for the first and second times and referred to committees. The Convention then resolved into the Committee of the Whole for the consideration of File No. 25.

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The report of the Committee on Apportionment was presented and adopted. Various files were read for the second time and referred to committees. The Convention then resolved into the Committee of the Whole for the consideration of Files No. 25 and 63.

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The Article on the Judicial Department was presented. The report of the Committee of the Whole and Files No. 25 and 63 were considered, and File No. 63 was referred back to the committee on County and Township Organization.

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Reports of the standing committees were presented. The articles on the Executive Department, Elective Franchise, Education, Municipal Corporations, Impeachment, Militia, Prohibition, Legislative Department, and School Lands were presented. The Convention then resolved into the Committee of the Whole for the consideration of the reports of the committees on Legislative Department and Militia.

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A committee of three on the Irrigation of Arid Lands was appointed. The reports of the standing committees were presented. Files were read for the second time. The Convention then resolved into the Committee of the Whole for the business before the Convention.

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The Convention does not discuss anything because the delegates are not present.

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Due to a quorum not being present, the Convention adjourned.

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The report of the Committee of the Whole from July 25 was read and adopted. The Convention then resolved into the Committee of the Whole for the consideration of File No. 130 and other reports.

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The Convention resolves into the Committee of the Whole to discuss File No. 123: Article on Elective Franchise and File No. 121: Article on Judiciary Department. The Committee of the Whole reports to the Convention before adjourning until the evening.

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The Convention resolves into the Committee of the Whole. When the Committee of the Whole rose, the Report from the Committee of the Whole was considered.

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A committee of thirteen to prepare an address for the people of North Dakota was appointed. The Committee of the Whole reported on File No. 130.

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The Convention resolved into the Committee of the Whole for the consideration of the minority and majority reports of the Committee on Judicial Department. When the Committee of the Whole rose, the Report of the Committee of the Whole was considered.

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The Committee of the Whole presented its report on File No. 129.

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Files No. 136-138 were all read for a second time. The report of the Committee on School Lands was recalled and recommitted to the Committee on School Lands.

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The Majority report from the Committee on Corporations Other than Municipal was presented. The report from the Committee of the Whole on Files No. 134 and 135 was adopted.

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A speech was delivered by Senator Stewart, Senator Regan, and Major Powell.

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The Report of the Committee of the Whole was adopted and referred to the Committee on Revision and Adjustment.

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Two messages regarding the American Sabbath Union were delivered. Files No. 141 and 142 were read a second time.

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The Convention resolved into the Committee of the Whole to consider File No. 132. The Report of the Committee of the Whole on File No. 132 was referred to the Committee on Revision.

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The Report from the Committee on Apportionment and Representation was presented. File No. 143 was read a second time and adopted. The motion to reconsider the vote on which File No. 143 was adopted was laid on the table.

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The Convention resolved into the Committee of the Whole to Consider the report of the Committee on Miscellaneous and Other Business.

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Reports from various committees were presented. The Convention resolved into the Committee of the Whole.

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Report of the Committee of the Whole on Files No. 130, 138, and 145 was presented. The Report of the Committee of the Whole was adopted with the exception of the part referring to section 13 of File No. 130. A motion to adjourn until August 13 was adopted.

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Multiple communications were read, and all got referred to a Committee of Five appointed by the chair. The Reports presented were read only by their titles.

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The Constitution of North Dakota 1889 was taken up to be read section by section. The Preamble and Article I of the Constitution were discussed and amended. The Preamble and Article I, as amended, were adopted. Article I, as amended, was referred to the Committee on Enrolling and Engrossing.

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Multiple communications were presented. Mr. Stevens raised a point of personal privilege. Article II of the Constitution was brought up for discussion and amended. John Emmet Carland was called to the chair by the President. Section 35 of Article II was adopted.

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Virgin B. Noble was called to the chair at the beginning of the session. Article II of the Constitution was adopted as amended. Article II was referred to the Committee on Enrolling and Engrossing. Article III was brought up for discussion, amended, and adopted. Article III was referred to the Committee on Enrolling and Engrossing.

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Article IV of the Constitution was brought up for discussion and amended. Section 116 of Article IV was made a special order for the following day. Article IV was adopted with the exception of sections 116 and 103.

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Multiple resolutions were presented by citizens from various counties. The Convention proceeded to further consideration of Article V. A motion to adopt section 129 of Article V, as reported, was ruled out of order.

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Article V of the Constitution, as amended, was adopted and referred to the Engrossing Clerks. Sections 103 and 106, being special orders, were considered. Section 103 of Article V was recommitted to the Committee on Judiciary. The motion to reconsider the vote by which Article V was adopted was laid on the table.

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Mr. Turner was called to the chair by Mr. President. Articles VII, VIII, and IX were adopted as amended. Mr. Flemington moved a call of the house, which motion was lost.

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Multiple communications and petitions were presented at the beginning of the session. The Report of the Committee on County and Township Organization was adopted. Article X of the Constitution was adopted.

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Articles XI, XII, XIII, XIV, and XV as amended were adopted. After the convention took an informal recess of 10 minutes, Mr. President called Mr. Stevens to the chair.

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Article XVII of the Constitution as amended was adopted. The motion to reconsider the vote by which Article XIX of the Constitution was adopted was laid on the table. Article XX of the Constitution was adopted. After the Convention took a recess of 10 minutes, Mr. Bartlett of Griggs was called to the chair by Mr. President. The Schedule of the Constitution was brought up for discussion and amended.

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Mr. Parsons of Rolette offered a Resolution for the Constitution to be printed in each newspaper published in Dakota, which then got adopted. The Minority Report from the Committee on Five on Communications was adopted. Section 180 of Article XI as amended was adopted. The delegates of the Convention accepted an invitation from a proprietor to attend a reception.

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Mr. Miller motioned to reconsider the vote in which the debates of the Convention were to be published for the public, which motion was adopted. The Committee on Enrolling and Engrossing gave their report on the final recommended amendments to the Constitution and it was accepted. The Committee on Accounts and Expenses presented their final report and it was accepted. Lastly, the Committee on Enrolling and Engrossing gave the final version of the Constitution, as correctly engrossed. The Convention adopted the Constitution and the member's were invited to sign as the roll call vote was called.

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