South Dakota, State Government This file was extracted from "The Province and the States", edited by Weston Arthur Goodspeed, LL. B., Editor-in-Chief, Vol. VI (1904), pages 331-358. This file may be freely copied for private, non-profit purposes. All other rights reserved. Any other use, including publication, storage in a retrieval system, or transmission by electronic, mechanical, or other means requires the written approval of the file's authors. This file is part of the SDGENWEB Archives. If you arrived here inside a frame or from a link from somewhere else, our front door is at http://www.usgwarchives.net/sd/sdfiles.htm South Dakota CHAPTER I South Dakota, State Government The constitution adopted by the people of South Dakota, preparatory to admission into the Union, is regarded by many as one of the strongest and most comprehensive in the United States. It contains, as originally adopted, twenty- six articles, embracing a wide range of subjects pertaining to the rights of citizens and the control of state affairs. By its provisions the state government is divided into the three departments, legislative, executive and judicial, patterned after the Federal government. The legislative power is vested in a senate of forty-five members, and a house of representatives of one hundred and twenty-four members. (The number of members in each branch may be fixed, within certain limits, from time to time, by legislative enactment.) This legislature is restricted in a large number of instances from passing private laws. The executive power is vested in the governor, or in the event of his death or disability, in the lieutenant governor, and the executive is prohibited from using promises or threats to influence legislation. Three judicial districts for the supreme court are established; the number may be increased by legislation when the situation demands an increase. The first district is all that part of the State west of the Missouri river; the second, that part east of the Missouri and north of the second standard parallel; and the third, that part east of the Missouri south of the same parallel. Eight judicial circuits are established, as follows: First circuit: The counties of Union, Clay, Yankton, Turner, Eon Homme, Hutchinson, Charles Mix, Douglas, Todd, Gregory, Tripp and Meyer. Second circuit: The counties of Lincoln, Minnehaha, McCook, Moody and Lake. Third circuit: The counties of Brookings, Kingsbury, Deuel, Hamlin, Codington, Clark, Grant, Roberts, Day, and the Sisseton and Wahpeton reservation, except that part lying in Marshall county. Fourth circuit: Sanborn, Davison, Aurora, Brule, Buffalo, Jerauld, Hanson, Miner, Lyman, Presho and Pratt counties. Fifth circuit: The counties of Beadle, Spink, Brown and Marshall. Sixth circuit: The counties of Hand, Hyde, Hughes, Stanley, Sully, Potter, Faulk, Edmunds, Walworth, Campbell, McPherson, and all that part of the State lying east of the Missouri river, and not included in any other circuit. Seventh circuit: The counties of Pennington, Custer, Ziebach, Sterling, Nowlin, Jackson, Washabaugh, and Lugenbeel. Eighth circuit: The counties of Lawrence, Meade, Scobey, Butte, Delano, Pyatt, Dewey, Boreman, Sclinasse, Rinehart, Martin, Choteau, Ewing, Harding; and all that part of the State west of the Missouri river and north of the Big Cheyenne and the north fork of the Cheyenne river not included in any other circuit. (The legislature is, however, authorized to increase or decrease the number of such Judicial circuits as may from time to time be deemed necessary or proper. In addition to the supreme and circuit courts the constitution authorizes a county court in each organized county, justice's courts, and police magistrates in towns and cities. The bill of rights provides that no citizen of the State shall be deprived of life, liberty or property without due process of law; guarantees absolute religious liberty; subordinates the military to the civil power; affirms that all political power is inherent in the people; insures the right of trial by jury; prohibits the passage of ex post facto laws, and declares that all citizens shall enjoy the same privileges under the same conditions. In order to become a qualified voter under this constitution, one must have been in the United States one year; six months in the State; thirty days in the county, and ten days in the precinct, immediately preceding the election. Congress set apart the 16th and 36th sections of each township for the benefit of the public schools. It is provided that alt proceeds resulting from the sale of these school lands, as well as the percentage donated by congress from the revenues derived from the sale of public lands, shall constitute a permanent fund for the benefit of the public schools of the State. This fund may be increased, but can never be diminished. It can be loaned only upon first mortgage security upon improved farms, or invested in bonds of school corporations within the State, or in. Dakota state bonds, or bonds of the United States. Taxes are to be levied upon all classes of property, and to be uniform throughout the State. The limits of taxation for state purposes are fixed by the constitution. Property belonging to the United States, or to the State of Dakota, and all property used for religious or charitable purposes or for cemeteries, are to be exempt from taxation. The control of the penal and charitable institutions of the State - the penitentiary, insane hospital, deaf and dumb and blind asylums - is vested in a state board of charities and corrections, of not more than five members, to be appointed by the governor and confirmed by the senate. A board of nine members, known as the regents of education, has charge of the state university, normal schools and agricultural college. These regents are appointed for six years, the' terms of three expiring every second year. In the matter of private corporations, it is provided that the charter of no corporation shall be granted or extended by special laws; that the right of eminent domain gives the legislature' the same power over corporate as over individual property; that the business of every corporation chartered by the State must be confined to the lines stated in the charter; that foreign corporations doing business in the State must have one or more resident agents upon whom process may be served; that the legislature shall have power to alter, revise or annul charters; that railroad companies must keep a public office open in the State, where lists of stockholders and records of sales of stock shall be open to public inspection; that no bank shall be chartered for a longer period than twenty years, but that such banks shall have power to bring or defend suits in the courts of the State, after the expiration of their charters, and while the business of the bank is in process of liquidation. The salaries of the state and judicial officers are fixed by the constitution as follows: Governor and judges of the supreme court, two thousand five hundred dollars each; secretary of state, auditor and treasurer, one thousand eight hundred dollars each; commissioner of school and public lands, one thousand eight hundred dollars; superintendent of public instruction, one thousand eight hundred dollars; attorney general, one thousand dollars; lieutenant governor, twice the salary of a state senator; circuit judges, two thousand dollars. It is also provided that after 1890 the legislature may increase the salaries of the governor and judges of the supreme court to three thousand dollars, and the salaries of circuit judges to two thousand five hundred dollars per annum. Every able bodied man between the ages of eighteen and forty-five years is made subject to military duty, but the legislature is given power to provide by suitable legislation for the enrollment, organization and equipment of the militia, the officers of which are to be commissioned by the governor. To amend the constitution the amendment must pass both houses of the general assembly by a majority vote, and be submitted to the people for ratification at the next general election, a majority of all the votes cast at such election being necessary to secure its adoption. No business except the election of United States senators was transacted by the session of the legislature following the election of 1889. The adjourned session met at Pierre on the 7th of January, 1890, and continued sixty days. By the terms of the agreement readied by the joint commission appointed to adjust the finances of the two states, at the time of division, South Dakota was to assume seven hundred ten thousand two hundred dollars of the bonded debt of the Territory. Of this, one hundred sixteen thousand six hundred dollars bore interest at the rate of six per cent, one hundred twenty-five thousand dollars five per cent; three hundred seventeen thousand one hundred dollars, four and a half per cent, and the remainder, one hundred fifty-two thousand five hundred dollars, four per cent. In addition to this South Dakota was to pay to North Dakota forty-six thousand five hundred dollars. This, and other obligations, brought the total indebtedness of the State up to one million twenty thousand two hundred dollars. At this session of the legislature the state treasurer was authorized to sell four per cent bonds to the amount of one hundred thousand dollars to meet deficits caused by failure of the revenue, and such additional bonds as might be necessary to meet the floating debt that South Dakota must assume by the settlement of the joint commission. Appropriations aggregating four hundred twenty-seven thousand two hundred eight dollars and twenty cents for the salaries of public officials, office expenses and the maintenance of public institutions were made during the session. By the terms of the enabling act, a grant of 500,000 acres of land, to be selected from any government lands within the State, was made for the endowment of educational, penal and benevolent institutions. Of this, 40,000 had been set apart for the benefit of the school at Plankinton; 40,000 for the deaf and dumb asylum at Sioux Falls; 80,000 for the two normal schools at Madison and Spearfish; 40,000 for the agricultural college at Brookings; 40,000 for the state university at Vermillion, and 50,000 for the state capitol and public buildings at Pierre. This left 170,000 acres to be used to endow such institutions as the legislature might hereafter determine. Such was the condition of South Dakota's finance at the time she assumed the obligations of statehood. During the late summer and fall of 1889 a severe drought in the northern and northwestern portions brought widespread destitution to South Dakota. Hundreds of farmers were without seed grain for a crop, or the means of securing it. The legislature was powerless to offer relief, because of the constitutional provision that the debt limit should not exceed one hundred thousand dollars, in addition to the territorial debt assumed. On January 22, the legislature adopted a resolution appointing a committee to confer with warehouse men in the various cities of the Northwest in the effort to secure seed grain at special prices. Governor Mellette sent out communications to boards of trade and other commercial organizations, asking for contributions to a fund of fifty thousand dollars for the relief of the sufferers. The assembly passed a resolution on the 18th of February, endorsing this action on the part of the governor, and adding the plea of the legislature to that of the executive for assistance. An amendment to the constitution increasing the limit of indebtedness to five hundred thousand dollars was proposed, but, even if it should be ratified by the people, a year must elapse before it would become effectual. A convention was called at Huron, March 3, and a committee of five was appointed to work with the governor in his efforts to obtain relief. At this convention estimates were made that grain to the value of five hundred seventy thousand dollars would be necessary to supply the necessary seed for a crop. The railroads submitted propositions to carry all grain free or at one-half the usual rates. A second convention was held at the same place on the 2d of April, when forty-five thousand dollars' worth of grain was apportioned to twenty-five counties. Owing to the scarcity of seed the crops of 1890 were hardly up to the standard. But a good yield that year placed the grain growing interest of the State upon a secure footing for 1891. Besides the constitutional amendment providing for an increase in the limit of indebtedness, other amendments were offered to permit woman suffrage, and to exclude from suffrage all Indians who maintained tribal relations. Section 2, Article 20, of the constitution provides that, at the first regular session of the legislature, a law should be enacted submitting the question of the location of a state capital to the voters of the State at the next general election. Such a law was approved by the governor on the 5th of March. While the legislature was in session, President Harrison, February 10, 1890, issued the final proclamation, declaring a large part of the Sioux reservation open to settlement. The territory embraced in this proclamation included all of Nowlin, Ziebach, Scobey, Delano, Rinehart, Choteau, Martin and Wagner counties, and parts of the counties of Stanley, Presho, Lyman, Pratty, Sterling, Jackson and Washington. Many people had gathered at Pierre, Chamberlain, and other points along the Missouri river, in expectation of the proclamation, to be ready to enter the reservation and secure the most desirable claims. And notwithstanding it was in the dead of winter, the news had no sooner reached these waiting crowds than the rush began. With the opening of the lands west of the Missouri, many of the Indians became discontented, and this discontent was encouraged by vicious leaders who hoped to provoke a general outbreak. The government had forbidden the Indians to indulge in the war dance, but their malicious leaders substituted another known as the "ghost dance" which wrought the masses of the tribes up to such a state of religious frenzy that they were ready to obey almost any command their chiefs might give. This growing insubordination finally culminated in large bodies of defiant Indians' collecting in the neighborhood of the agencies, where they engaged in pillaging the settlements at every opportunity. On the upper Cheyenne, White and Bad rivers they grew bolder, the people were openly robbed, and in some instances murdered, and the plunder was taken to a general rendezvous in the Bad Lands, on the upper White river. Here, in the fastnesses of this desolate region, they felt secure. But the United States troops acted promptly, the lesser camps of Indians were soon broken up, the death of Sitting Bull, just as he was starting from his camp on the Grand river with a large body of warriors, had a tendency to check their eagerness and caused them to sue for peace. In the affair at Wounded Knee, thirty-two soldiers, and a large number of Indians were killed. At the first appearance of alarm about five hundred stands of arms and a quantity of ammunition belonging to the State were distributed among the settlers living near the Indian reservation. The demand for arms being greater than the supply the State authorities obtained a thousand stands additional from the secretary of war. This arming of the citizens was soon discovered by the Indians, and, accepting the truth of the old adage that "discretion is the better part of valor," they retired to their reservations. This outbreak is known as the Messiah war. On the 6th of June a convention of the Knights of Labor and the Farmers' Alliance was held at Huron, to discuss the advisability of placing an independent ticket in the field to be voted for in November. It was decided to nominate candidates for the various state offices, and a second convention to meet at the same place July 9 was called. At that convention the following ticket was named: For governor, H. P. Loucks; lieutenant governor, A. L. Van Osdel; secretary of state, J. M. Hanson; auditor, J. R. Lowe; treasurer, Frank B. Roberts; attorney general, S. W. Cosand; superintendent of public instruction, Eugene A. Dye; commissioner school and public lands, F. F. Meyer; commissioner of labor, W. L. Johnson; members of congress, Fred C. Zipp and F. A. Leavitt. The Democratic convention was held at Aberdeen on the 11th of June. Mans Taylor was nominated for governor; Peter Couchman, lieutenant governor; C. H. Freeman, secretary of state; J. A. Weeks, auditor; H. Horswill, treasurer; S. B. Van Burkirk, attorney general; W. A. Buxton, superintendent of public instruction; E. H. Evenson, land commissioner; members of congress, W. Y. Quigley and C. M. Thomas. Before the election the name of C. M. Thomas was withdrawn, and that of F. A. Clark placed on the ticket in his stead. The Republican convention met at Mitchell, August 27. Governor Mellette was renominated. The rest of the ticket was as follows: For lieutenant governor, George H. Hoffman; secretary of state, Amund O. Ringsrud; auditor, L. C. Taylor; attorney general, Robert Dollard; superintendent of public instruction, Cortez Salmon; land commissioner, Thomas H. Ruth; labor commissioner, R. A. Smith; members of congress, John R. Gamble and John A. Pickler. Probably more interest was taken in the location of the capital than in the election of state officers. The cities of Pierre and Huron were the leading contestants. Committees of citizens were organized in each city to conduct a campaign. Circulars, maps and statistics were scattered broadcast over the State, by these committees, pointing out the advantages of each of these cities over its rival. The first returns were favorable to Huron, but as the result in the more remote counties became known it was seen that the victory would likely be awarded to Pierre. Sensational charges to the effect that frauds instigated by the paid emissaries of Pierre had been committed in some of the outlying districts, were made by the friends of Huron before the returns were all received. Great excitement and indignation prevailed for a time, but the official count of the votes settled the contest in favor of Pierre, and it became the capital. The election was close. For several days after the election it was thought the independent ticket had been successful, and dispatches of that nature found their way into all the leading papers. The final count gave Mellette 34,487, Loucks 24,591, and Taylor 18,484, the vote on the other candidates being about the same. On November 27, the soldiers' home at Hot Springs was opened, and before the close of the year forty disabled or invalid veterans were admitted to its hospitality. The second session of the state legislature met on the 6th of January, 1891. During the session which lasted till the 6th of March, several important bills were passed. Among these was the law introducing the Australian ballot system, and providing for its use in all elections. The first test of this law in South Dakota, was made at a special election, November 3, the same year. 'This special election was made necessary by the death of John R. Gamble, one of the representatives in congress, which occurred at Yankton on the 14th of August. Governor Mellette issued a proclamation, August 26, calling the special election to choose a representative to fill out the unexpired term. John L, Jolley, of Clay county, was nominated by the Republicans; James M. Woods, of Rapid City, by the Democrats, and Henry W. Smith, of Wayne county, was the candidate of the Independents. The election resulted in favor of the Republican candidate, who received 17,614 votes to 7,188 for Woods and 14,587 for Smith. General approbation was expressed by the voters after the election, and South Dakota, by this action on the part of its legislators, was placed in the list of states that believe in honest elections and an untrammeled ballot. The legislature passed acts authorizing townships to provide irrigation by artesian wells; adopting a uniform school system throughout the state, and providing that in all unorganized counties, and in all counties to be organized thereafter, live stock should be permitted to run at large until such time as a majority of the people of the county might decide otherwise. A bill to re-submit the prohibitory amendment to the people was lost by a small majority. In various ways the question of prohibition came up during the early years of statehood. When the constitution was adopted in 1889, the article providing for the prohibition of manufacture or sale of intoxicating liquors was submitted as a separate proposition. It was adopted by a smaller majority than was the body of the constitution, which fact encouraged the opponents of probibition, who persisted in keeping the question before the people. After the bill to resubmit was lost in the legislature of 1891, an action was brought in Lawrence county, in July, to test the validity of the law passed by the first legislature. On the grounds that the constitution provided, in article III, section 21, that "no law shall embrace more than one subject, which shall be contained in its title," the court held that the law was unconstitutional. An appeal was taken to the supreme court, which sustained the prohibitory law, and the contest was reopened. The question was finally resubmitted to the voters, at the general election in 1896, and the prohibitory clause in the constitution was repealed by a vote of 31,901 to 24,910. Two years later an amendment was submitted, to be known as Article XXVII of the constitution. In section one of this amendment it is provided that "the manufacture and sale of intoxicating liquors shall be under exclusive state control and shall be conducted by duly authorized agents of the state who shall be paid a salary and not by commissions. All liquors sold shall first be examined by a state chemist and the purity thereof established." Section two provided that "the legislature shall by law prescribe regulations for the enforcement of the provisions of this article and provide suitable and adequate penalties for the violation thereof." This amendment, which was adopted at the general election of 1898 by a majority of 1,613, established the dispensary system, similar to that of South Carolina. This system lasted but two years. By a joint resolution passed by the legislature of 1899, it was resubmitted to the people and repealed at the general election of 1900 by a vote of 48,673 to 33,927. As the term of United State Sen. G. C. Moody was to expire on the 4th of March, 1891, it devolved upon this legislature to choose his successor. The presence of three political parties in the assembly, made the subject one of considerable interest and speculation as to the result. For thirty ballots the vote of the Independents was given to James W. Harden, H. L. Loucks and other candidates; the Republicans cast their votes for G. C. Moody, Thomas Sterling and others, while the Democrats continued to cast their solid vote for Bartlett Tripp, but on the thirtieth ballot the name of Rev. James H. Kyle was presented by the Independents, and on the fortieth ballot the Democrats united with them and he was elected, receiving 75 votes to 55 for Sterling, the Republican candidate. Toward the close of the balloting, there was introduced a resolution which declared that it was a "matter of common notoriety, based upon what seems to be good authority, that negotiations are pending between the Democrats and Independents of South Dakota and Illinois." It was charged that these negotiations were to the effect that the Independents of Illinois were to help to secure the election of the Democratic ticket in that state, and the Democrats of South Dakota were to reciprocate the favor by assisting to elect an Independent United States senator for South Dakota. A sensation followed the introduction of the resolution, and the charges were vigorously denied by Democratic and Independent leaders. If the purpose of the resolution was to stampede the legislature to the support of some other candidate, it was a complete failure, for after a few more ballots Mr. Kyle was elected. James H. Kyle was born at Xenia, O., in 1854. After attending the common schools of his native town he spent some time as a student at the Illinois state university, where he took a course in engineering. Later, he was graduated from Oberlin college, and the Allegheny Theological Seminary. The three courses, law, engineering and theology, to which was added a self prescribed course of reading upon general topics, made him a man of wide information and scholarly attainments. Entering the ministry of the Congregational church, he went to the Northwest, where he had charge of several churches of that denomination, and was for a while the financial agent of Yankton college. He attracted the attention of the Farmers' Alliance by an oration he delivered on the 4th of July, 1890, at Aberdeen, and was induced by some of the leaders of that organization to accept a nomination for state senator, from Brown county, on the Independent ticket. was elected to the state senate that fall, and from that body was sent to the United States senate. In the senate of the United States he rendered distinguished services as chairman of the committee on education, and on the special committee known as the "idustrial commission." He died, July 1, 1901, at his home in Aberdeen. Dissensions at the state university, at Vermillion, resulted in the resignation of the president, Howard B. Grose, in May, 1891, and the sudden closing of the institution only a week before the annual commencement exercises. Dr. Charles O. Merica, of Mount Pleasant, Ia., a graduate of DePauw university, was elected president in September, the faculty was reorganized, and the school was reopened. Three tickets were in the field in the campaign of 1892. The Independent, or Farmers' Alliance party, took the initiative by calling a convention to meet at Redfield, June 23. At that convention A. L. Van Osdel was nominated for governor; M. M. Price, lieutenant governor; C. G. Morgan, secretary of state; G. W. Evarts, auditor; P.O. Peterson, treasurer; W. H. Curtiss, attorney general; Mrs. R. B. Hassell, superintendent of public instruction; Otto Anderson, commissioner of labor and statistics; William Cook, land commissioner. J. H. Kinzer, I. D. Snydam, W C. Waldron and H. W. Smith were nominated for presidential eI~ctors, and William Lardner for member of congress. J. E. Kelley, an independent Democratic candidate was endorsed, later in the campaign, for the other congressional candidate. On July 22, the Republican convention met at Madison. George A. Silsby, John A. Prothers, George W. Kingsbury, and Charles J. Buell were nominated for presidential electors; Charles H. Sheldon, for governor; Charles N. Herreid, lieutenant governor; Thomas Thorson, secretary of state; J. E. Hipple, atiditor; William W. Taylor, treasurer; Coe I. Crawford, attorney general; Cortez Salmon, superintendent of public instruction; Thomas H. Ruth, land commissioner; Walter McKay, commissioner of labor and statistics, and John A. Pickler and W. V. Lucas for members of congress. The platform urged the general government to provide some system of irrigation for the arid lands of South Dakota; declared in favor of a law prohibiting dealing in options; recommended legislation in behalf of good roads, and advocated the establishment of postal telegraphs and savings banks. The Democratic convention met at Chamberlain on the 1st of September. They adopted a platform denouncing "Pinkertonism," promising an economical administration of state affairs, and favoring the resubmission of the question of prohibition to a vote of the people. The ticket was made up as follows: For governor, Samuel A. Ramsey; secretary of state, John L. Norris; auditor, Jacob E. Ziebach; treasurer, George H. Culver; attorney general, Henry C. Walsh; superintendent of public instruction, John P. Styles; land commissioner, Anton M. Keller; labor commissioner, Thomas Neary; members of congress, Chauncey L. Wood and Lewis E. Witcher. Michael J. Dinneen, John Burke, Charles Keith and John LaFabre were named as presidential electors. A Prohibition convention, at Sioux Falls, on the 14th of September, nominated a ticket, but, because of failure to comply with the provisions of the new election law, the names of the candidates did not appear upon the ballot. The result of the election was a victory for the entire Republican ticket. The presidential electors on each ticket receiving the highest vote, were Buell, 34,888; Burke, 9,081; Smith, 26,544. On the state ticket Governor Sheldon's plurality was 10,890. A constitutional amendment, limiting the mileage of members of the legislature to five cents per mile, was adopted by a vote of 39,364 to 11,236. Charles H. Sheldon was born in Johnson county, Vt., in 1840. His boyhood was spent on a farm in Lamoille county in the same state. Upon the breaking out of the Civil war, he enlisted as a private in the Seventh Vermont volunteer infantry and served till March 14, 1866, when he was mustered out with the rank of captain. For the eleven years immediately succeeding the Civil war, he was a resident of Illinois. In 1877 he went to Kentucky where he remained till 1881, when he went to Dakota, and settled upon a farm near Pierpont, in Day county. He served as a member of the council in one of the territorial legislatures; was permanent chairman of the Republican state convention in 1899; was elected governor of South Dakota in 1892 and again in 1894. He died at Deadwood October 20, 1898. No appropriation was made by the legislature of 1891, for the purpose of having South Dakota represented at the World's Columbian Exposition at Chicago in 1893. To make amends for this oversight, Governor Mellette wrote to all the members of the legislature in the summer of 1892, asking them to pay their own expenses to attend a short special session to make an appropriation for that purpose. A majority of the members declined the proposition, and no special session was convened. But one of the first acts passed by the regular session, which assembled at Pierre on the 3rd of January, 1893, was to pass a bill appropriating sixty thousand dollars to pay the expenses of a South Dakota exhibit at the exposition. At this session they passed acts extending the time for redeeming property sold under mortgage foreclosure to two years, instead of one, as it had been up to that time; encouraging irrigation by authorizing the construction and maintenance of private reservoirs; providing for sinking artesian wells at public expense and for means of making payment for the same; establishing a uniform system of weights and measures; and defining the size and value of homesteads exempt from execution or attachment except in cases of mortgage foreclosure, vendors or mechanics liens. They also passed joint resolutions submitting constitutional amendments to the people, providing that the county superintendent of schools might be eligible for more than four years in sucession, and allowing women to vote for school officers. Both amendments were rejected by the voters at the next succeeding election. An additional hospital for the insane was located at Redfield, the county seat of Spink county, conditioned upon a donation of one hundred and sixty acres of land by the citizens within one mile of Redfield. This assembly made no appropriation for the establishment or support of the institution, that being left to some future session of the assembly, after the donation of one hundred and sixty acres bad been guaranteed. For some time trouble had been experienced by tax collectors in their endeavors to collect tax from certain corporations doing business in the state. To expedite the collection of these taxes, the legislature passed an act at this session, adding a penalty of twelve per cent per annum, to the delinquent taxes of telegraph, telephone, express and sleeping car companies, and declaring such taxes to be delinquent after thirty days from the time they first became due. Quite an addition was made to the available lands of South Dakota by the vacation of the Fort Randall military reservation. On March 3.1893, congress passed an amendment to the Sundry Civil bill, ordering that the Fort Randall reservation be abandoned and the lands ceded to South Dakota and Nebraska. Three fourths of the reservation was in South Dakota, and, by this act, about seventy- two million acres of fine farming and grazing land in Charles Mix and Gregory counties became subject to settlement. The reservation lay on both sides of the Missouri river, and had a river frontage of nearly thirty miles. By a provision of the constitution the judicial officers of the state, after the first election in i889, were to be chosen at an election, in the odd years, held exclusively for that purpose. The first exclusive election of this kind occurred in the fall of 1893. The Independents assembled in convention at Huron and nominated J. B. Fairbank, C. B. Kennedy and H. H. Porter for judges of the supreme court. A Democratic convention at Scotland, September 7, nominated Chauncey L. Woods, W. H. Stoddard and Henry C. Hinckley. On September 20, the Republicans held a convention at Huron and nominated for re-election Justices Bennett, Corson and Kellam. In the election the Republican candidates for supreme judges were successful, and the same party elected circuit judges in the first, second, third, fourth, fifth, sixth and seventh circuits. In the fifth circuit A. W. Campbell, the Republican candidate, had no opposition. In the eighth circuit the Independent candidate was elected. South Dakota, in the first two years of statehood, had made great progress. Immigration had been steady; the finances of the state were in good condition; the legislature of 1891 had refunded at a low rate of interest one hundred seven thousand five hundred dollars worth of insane hospital and university bonds. This placed the debt where the revenues of the state were able to take care of the interest as it fell due without being stinted in current expenses. The first artesian well in Dakota was sunk at Yankton in 1881, water being struck at the depth of four hundred and sixty feet on the 29th of August. The second was sunk at Aberdeen in 1882. (Statement of Mr. Doane Robinson.) Under the benign influence of encouraging acts passed by recent legislatures, South Dakota had one hundred and thirty-seven of these wells in operation at the beginning of the year 1894. Twenty-four of these wells were public property; the most of them had been drilled under the act of 1891. The introduction of a uniform school system had greatly improved the character of the schools, and the recent session of the Fort Randall reservation had produced an early and substantial increase in both wealth and population. In the campaign of 1894 four tickets were presented for the consideration of the electors. Encouraged by the decision of the supreme court, sustaining the validity of the prohibitory law, the Prohibition party placed a full ticket, with the exception of attorney general and railroad commissioners, in the field, and this year it was careful to fulfill all the requirements of the new election law, so that the names would appear on the ballot. For governor, M. D. Alexander was nominated; for lieutenant-governor, Knute Lewis; secretary of state, J. F. Hanson; auditor, J. R. O'Neill; treasurer, Joseph Harker; superintendent of public instruction, R. B. McClennon; land commissioner, F. J. Carlisle; labor commissioner, A. G. Hunt; members of congress, George A. Ragan and A. Jamieson. On August 23, the Republican convention met at Yankton. Governor Sheldon, Lieutenant-Governor Herreid, Secretary Thorson, Auditor Hipple and Attorney General Crawford were all renominated. Kirk G. Phillips was named for treasurer; Frank Crane, superintendent of public instruction; J. L. Lockhart, land commissioner; S. A. Wheeler, labor commissioner; G. A. Johnston, E. F. Conklin and J. R. Brennan, railroad commissioners; Robert J. Gamble and John A. Pickler, members of congress. The principal declarations in the platform adopted at this convention were those in favor of a protective tariff; the free coinage of gold and silver at the ratio of sixteen to one; and legislation to curb the trusts, and in opposition to the immigration the United States of paupers and criminals. The Democratic convention met on the 5th of September and nominated James A. Ward for governor; B. M. Tunley, lieutenant-governor; J. L. Norris, secretary of state; D. F. Burkholder, auditor; R. A. Mather, treasurer; S. W. Treesh, attorney general; H. J. Davenport, superintendent of public instruction; Casper Fergen, land commissioner; A. G. Williams, labor commissioner; William A. Lynch and Roger F. Connor, members of congress. The platform declared in favor of free trade; the coinge of both gold and silver as standard money at such a ratio as would maintain the parity of the metals; the election of United States senators by popular vote; the enactment of anti-trust laws; legislation to prohibit cabinet and administrative officers from holding stocks in certain corporations and all public officials from holding passes over railroad lines. The Independent, or Farmers' Alliance ticket, was made up as follows: Governor, Isaac Howe; lieutenant-governor, S. H. Bronson; secretary of state, J. K. Johnson; auditor, E. B. Reed; treasurer, H. B. Wynn; attorney general, T. H. Null; superintendent of public instruction, J. K. Failing; land commissioner, H. P. Smith; labor commissioner, J. M. Booker; members of congress, Freeman Knowles and John E. Kelley. The entire Republican ticket was elected by majorities ranging from 10,000 to 14,000. At the same time three proposed constitutional amendments, relating to the eligibility of county superintendents, allowing women to vote and limiting exemptions, were all defeated by decisive majorities. When the new state treasurer, Kirk G. Phillips, took charge of the office, on the 9th day of January, 1895, the books showed a balance on hand amounting to two hundred sixty-seven thousand and twenty dollars and fifty cents, but his predecessor, W. W Taylor, failed to turn over the funds. Mr. Taylor was sent for to make an explanation, when it was learned that he had absconded. After several months he returned and voluntarily placed himself in custody. He was tried on the charge of embezzlement, to which he pleaded guilty, and the circuit court sentenced him to five years imprisonment in the state's prison. The supreme court afterward reduced his sentence to two years, defining his offense as misuse or appropriation of public funds, instead of embezzlement. Before going to the penitentiary, Taylor turned over to the state cash to the amount of one hundred twenty-seven thousand four hundred forty-two dollars and twenty-four cents and property valued at seventy thousand dollars. Following the defalcation of the state treasurer, hints were heard that irregularities had occurred in the office of the commissioner of school and public lands. These intimations led to the passage of a joint resolution, by the legislature which was then in session, to appoint a joint committee to investigate the official acts of Thomas J. Ruth, the ex-commissioner. The investigation disdosed the fact that the state had failed to receive several thousand dollars of interest on the school funds in 1893, and that failure, on the part of the commissioner, to apportion the money to the counties, in accordance with the law, left twenty thousand dollars in the hands of state treasurer Taylor, which was lost by his abstraction of the public funds. In their report the joint committee criticised Ruth for inattention to duty, neglect of statutory provisions, and a general disregard for the interests of the public. No charge of intentional wrong doing was made, further than the appropriation of the interest money to his private use. This, with the money lost through the defaulting treasurer, amounted to twenty-seven thousand dollars. Suit was brought against the ex-commissioner and his bondsmen, for that amount. The total shortage in the school funds amounted to ninety-eight thousand four hundred and fifty-four dollars and twenty-eight cents. As soon as the exact shortage was ascertained the legislature passed an act authorizing the issue of ninety-eight thousand dollars worth of bonds to make up the deficit. This act was approved by Governor Sheldon on the 12th of March. As a sequence of the shortages in the offices of treasurer and land commissioner, the legislature passed an act providing for a system by which the governor should check the accounts of the treasurer each month. On February 27, the governor approved an act empowering the executive to accept from the town of Gary, Deuel county, a deed to the courthouse block, and turn the same over to the board of charities and corrections for a blind asylum. By the same act the board of charities and corrections was given authority to employ a superintendent and the necessary instructors, and make suitable rules for the government of the institution, which was to be known as the South Dakota blind asylum. They made no appropriation for the support of the institution, however, until the title to the same was vested in the state, and the state board of charities and corrections had taken the necessary steps for its organization, and had ascertained its probable needs. United States Sen. Richard F. Pettigrew's first term was to expire on the 4th of March, 1895. At this session of the legislature, he was re-elected for another term of six years. The spring of 1895 witnessed a large number of farms opened and homes established in the Yankton Indian reservation, chiefly Charles Mix county. By an agreement made with the Indians of this reservation, December 31, 1892, all unallotted lands in the reservation were ceded to the government. This agreement was not confirmed by congress until late in the summer of 1894, so that little was done toward settling the lands thus ceded until the succeeding year. March 25, 1896, marked for that year the beginning of the political campaign in South Dakota. That day a Republican convention assembled at Huron and selected delegates to the national convention at St. Louis. Another convention of the same party met at Aberdeen, July 8, to nominate candidates for congress, presidential electors and the various state offices. The ticket nominated was as follows Presidential electors, Richard J. Woods, John L. Turner, Thomas D. Edwards, and Richard M. Slocum; representatives in congress, Robert J. Gamble and Coe I. Crawford; governor, Amund O. Ringsrud; lieutenant-governor, D. T'. Hindman; secretary of state, W. H. Roddle; auditor, H. E. Mayhew; treasurer, Kirk G. Phillips; attorney general, S. V. Jones; superintendent of public instruction, Frank Crane; commissioner of school and public lands, J. L. Lockhart; railroad commissioners, George A. Johnson, N. P. Bromley and David W. McFadden. When the platform endorsing the action of the Republican national convention was read, twenty-one delegates who believed in the free coinage of silver left the hall in a body. A few days later these twenty-one, with others, held a conference and issued an address to the Republicans of the state, reminding them that "only two years ago the Republicans of South Dakota declared in favor of the free coinage of silver at the ratio of sixteen to one," and urging them to aid in the "restoration of silver to its position as standard money." A committee on ticket and platform was appointed at this conference to cooperate with the state convention of the People's party, which was to meet at Huron on the 14th of July. Many prominent Democrats were present at the Huron convention; they promised support to the ticket if certain concessions were made in the platform. After numerous consultations between the leaders of both parties, in which concessions were made on both sides, a platform was agreed upon, and submitted to the convention for approval. It declared in favor of the free coinage of silver at the ratio of sixteen to one; the establishment of postal savings banks; the election of United States senators by popular suffrage, and tile reclamation by the general government of the land grants that had been made to railroad companies. Andrew E. Lee was nominated for governor; P. R. Crothers, lieutenant governor; J. W. Harden, secretary of state; J. H. Kipp, auditor; W. S. Logan, treasurer; Mel. Grigsby, attorney general; Kate Taubman, superintendent of public instruction; A. M. Allen, land commissioner; W. Pr. LaFollette, Alex. Kirkpatrick, and William H. Tompkins, railroad commissioners; John E. Kelley and Freeman Knowles, representatives in congress; Henry P. Lason, F. M. Goodykoonts, F. M. McLaFresh and P. M. Ringrose, presidential electors. The Prohibitionists held a convention at Huron at the same time, and nominated candidates for presidential electors, governor, lieutenant governor, secretary, treasurer, superintendent of public instruction and representatives in congress; but the highest vote any of these candidates received at the election was 722, which were cast for J. F. Hanson for lieutenant-governor, and Knute Lewis for congress. Delegates to the Democratic national convention were selected by a state convention held at Aberdeen, on the 20th of May. This convention adopted a resolution declaring in opposition to the free and unlimited coinage of silver at the ratio of sixteen to one, but favoring "the present standard of value." This was the only Democratic convention held in South Dakota during the campaign. A second one to meet at Deadwood on the 27th of August was called; but, acting on the suggestion of those leaders who had been in consultation with the leaders of the People's party at the Huron convention, the Democratic state central committee met August 18, and rescinded the call, and at the same time endorsed the platform, and adopted the state and electoral tickets of the People's party. The election resulted in the choice of a mixed ticket. The People's party elected their candidates for presidential electors, representatives in congress, governor, attorney general and three railroad commissioners by small majorities and the Republicans the rest of the ticket. On joint ballot the legislature stood seventy-two People's party, or Fusionists, to fifty-six Republicans. Four constitutional amendments were adopted: The first limited county indebtedness to five per cent of the value of taxable property in the county, by a vote of 28,490 to 14,789; the second reduced the number of regents of education to five, by a vote of 31,061 to 11,690; the third excluding all monopolies and trusts from the privilege of doing business in the state, was carried by vote of 36,763 to 9,136, being the largest majority ever given any proposition in the state; the fourth was the repeal of the prohibitory section, the vote on which is given elsewhere. With the assembling of the fifth session of the state legislature, January 8, 1897 the new governor was inaugurated and the other state officers elect, installed in their several positions. Andrew Ericson Lee, the third governor of the State of South Dakota, was born near Bergen, Norway, in 1847. When he was but four years old, his parents immigrated to America and settled in Dane county, Wis. He received the greater part of his schooling in the common and high schools of that county. Upon leaving school he went to McGregor, Ia., where for five years he clerked in a store. At the end of that time he returned to Madison, Wis., where, during the next three years, he followed the same occupation in one of the largest mercantile establishments of that city. From Madison he went to Dakota and located at Vermillion, which has ever since been his home. In 1869 he formed a partnership with Charles E. Prentis, of Vermillion, in farming and mercantile operations. As mayor of Vermillion he came into public notice by reason of a contest between the taxpayers of that city and the water company. The prominence gained during this controversy was no doubt a potent agency in securing for him the nomination for governor in 1896. He was renominated and re-elected in 1898 and declined a nomination for a third term in 1900. At the close of his second term, he retired from public life and has since given his entire attention to his business interests. In organizing the legislature of 1897, Lieutenant-Governor Hindman, by virtue of his office, became president of the senate. Louis N. Crill of Elk Point, Union county, was elected president pro term, and T. M. Simmons of Wessington, Beadle county, was elected secretary. In the house John Colvin of Mitchell, Davison county, was chosen speaker, and Jonas H. Lien, of Sioux Falls, Minnehaha county, chief clerk. Very little important legislation was enacted at this session of the assembly. An act redistricting the state for legislative purposes was passed; United States Sen. James H. Kyle was re-elected by a combination of the Republicans with a portion of the Independents. Circuit judges were elected in all the judicial circuits in 1897. The Republicans carried the first, second, fourth, fifth and sixth, circuits, and the People's party the third, seventh and eighth. In February, 1898, Governor Lee removed the insurance commissioner from office, claiming that the deputy commissioner had collected money illegally from insurance companies. The commissioner declined to accept his dismissal from office at the hands of the governor, and appealed to the supreme court, which decided in favor of the governor. During the period from 1891 to 1894 inclusive, Joseph Freudenfeld had been treasurer of the board of regents of education. Vague rumors that he was short in his accounts reached Governor Lee in the winter of 1897-98, and the public examiner was ordered to investigate. A report was made by the examiner, in April, to the effect that owing to the failures of the Farmers and Merchants bank of Plankinton, and the Chamberlain National bank, Freudenfeld could not turn over the funds due the state. The case was compromised with Freudenfeld and his bondsmen, the state accepting three thousand nine hundred dollars in full of the shortage of nine thousand four hundred and fifty dollars, incurred by the bank failures. A year or two after this compromise was made, the rumors referred to insinuated that there were other shortages outside of the sum lost in the banks. Following the suggestions contained in these reports the public examiner found a deficit of three thousand eight hundred and ninety-seven dollars still remaining after all bank losses had been accounted for. The amount was afterward recovered by the state. When the state central committee of the People's party met in 1898 to fix a time for holding the state convention, they adopted a resolution extending an invitation to the free silver Republicans and the Democrats to meet at the same time and place. The Democratic committee passed a resolution declaring that "it is the sense of this committee that all forces opposed to the principles advocated by the Republican party should co-operate." A similar resolution was adopted by the central committee of the free silver Republicans. After the expression of such sentiments as these by the three separate organizations, it was natural that they should work in concord in nominating a ticket and proclaiming a declaration of principles. The platform adopted by the Fusionists, as the alliance of these three political parties came to be called, declared in favor of the free coinage of silver at the ratio of sixteen to one; the issue of all money by the government; the initiative and referendum; and the election of United States senators by popular vote. It denounced "government by injunction" and declared in opposition to all bond issues. Governor Lee was nominated for re-election without opposition. he rest of the ticket was made up as follows: Lieutenant-governor, F. C. Robinson; secretary of state, George Sparling; auditor, Hugh Smith; treasurer, Mans Taylor; attorney general, C. S. Palmer; superintendent of public instruction, L. F. Kintz; land commissioner, John Scotland; railroad commissioner (only one to be elected), William H. Tompkins; representatives in congress, Freeman Knowles and John E. Kelley. To oppose this ticket the Republicans met in convention at Mitchell, on the 24th of August, and nominated Kirk G. Phillips, for governor; John T. Kean, for lieutenant-governor; William H. Roddle, secretary of state; James D. Reeves, auditor; John Schamber, treasurer; John L. Pyle, attorney general; E. E. Collins, superintendent of public instruction; David Eastman, land commissioner; William G. Smith, railroad commissioner; R. J. Gamble and C. H. Burke, representatives in congress. Nominations for all the offices except attorney general were made by the Prohibitionists, and Knute Lewis, the nominee for governor, received 891 votes. Governor Lee was re-elected by a plurality of 370, though the rest of the Fusion ticket was defeated by pluralities ranging from four to five thousand. An amendment to the constitution, favoring woman suffrage, was defeated by 3,016, out of a total vote of nearly 43,000. The amendment adopting the initiative and referendum, received 23,816 votes, to 16,483 against it. This amendment provides that any law passed by the legislature, shall be submitted to the voters of the state at the next general election upon a petition of five per cent of the voters of the state. This feature is known as the referendum. The initiative is also provided for in that, whenever five per cent of the voters petition the legislature for the enactment of a particular measure, it must be passed by the assembly and submitted to the referendum. Another amendment to be known as article twenty-eight, limiting the amount of school funds loaned to anyone person, firm or corporation to one thousand dollars, was adopted by a majority of 34,336. The amendment, previously mentioned, adopting the dispensary method of controlling the sale of intoxicants, was also ratified at this election. The sixth biennial session of the general assembly met on the 3rd of January. Carl Gunderson, of Vermillion, was elected president pro tem, of the senate, and J. H. Scriven, of Mitchell, secretary. A. G. Somers, of Strauston, was elected speaker of the house, and Willis C. Bower, of Lead City, chief clerk. While the legislature was in session, a disasterous fire occurred at the insane hospital, at Yankton. Early in the morning of February 12, the fire broke out in a building originally intended as a laundry, but which was being used as a cottage, owing to the crowded condition of the institution. Forty of the unfortunate inmates were housed in the building at the time of the fire, and the flames spread so rapidly that seventeen of them lost their lives. The twelve attendants sleeping there narrowly escaped with their lives. The coroner's jury returned a verdict exonerating the management from all criminal responsibility, but found that "by reason of insufficient appropriations no night watchman had been employed on the hospital grounds for four years." No insurance was carried on the building, which was a total loss to the state. On the 3rd of March the governor approved an act locating an insane asylum at Redfield and appropriating twenty-five thousand dollars out of "any funds not otherwise appropriated," to erect and furnish suitable buildings, and the following October a contract was let for their construction for twenty-two thousand five hundred dollars. Their completion about a year later relieved the over-crowded hospital at Yankton, and made the lot of the unfortunate wards of the state more comfortable. This session passed an act which was permitted to become a law without the governor's signature, establishing an industrial school and institute of technology at Aberdeen, contingent upon the donation of twenty acres of land "in or adjacent" to that city, for a site. For the "establishment, maintenance, support, use and benefit" of this institution, forty thousand acres of land were set apart, the entire proceeds from sales and rentals to go to the school The governor and commissioner of school and public lands were authorized to make a selection of the forty thousand acres from the public domain within a year from the taking effect of the act. Congress made an appropriation of one hundred and seventy thousand dollars during the session of 1898-99, for the improvement of the Missouri river between Sioux City, Ia., and Bismarck. The plans for these improvements, which were approved by the war department in the spring of 1899, contemplated the expenditure of one hundred thousand dollars of the appropriation at Elk Point, Yankton, Pierre and Fort Pierre. This was cheerful news for the people living along the Missouri river, for the improvement of that stream would not only give better shipping facilities, but it would lessen the liability to destruction like that which occurred in the spring of 1881. In the war with Spain, the First South Dakota volunteer infantry was taken to the Philippine Islands after the treaty of peace was concluded, and, from February 4, to June 10, 1899, was conually on the firing line. During the four months, the regiment was in twenty-three engagements. Generals McArthur and Otis and Colonel Frost spoke in complimentary terms of the gallant conduct of Captain Van Houghton and Lieutenant Holman, recommending that congress grant medals of honor to them for distinguished bravery while before the enemy. Notwithstanding the men did their duty as soldiers, many of them were dissatisfied with the Philippine service and wrote to Governor Lee asking him to secure their discharge. In response to these letters, Governor Lee wrote to the president, April 10, 1899, requesting the discharge of the regiment. In his message to the legislature in 1901, Governor Lee, referring to this correspondence, said: "The President replied that the regiment would be returned as soon as transportation facilities would permit. Between the date of his promise and his tardy performance, the records show that many transports sailed from Manila to San Francisco carrying no cargoes. An order was issued stating that privates upon making individual application would be discharged. Nearly every private in the regiment attempted to take advantage of this order, but they were prohibited from so doing by their superior officers' acting under directions from the war Department. When the regiment had become totally unfit for further service, it was ordered home." This request of the soldiers to be discharged arose over mistaken political motives. The regiment was discharged from the service on the 5th of October, 1899, at San Francisco, and four days later the men started for their homes in South Dakota. A sum of money amounting to twenty-eight thousand six hundred and sixty-two dollars and five cents was advanced by some of the counties and placed in the hands of a citizens committee, consisting of F. A. Brown of Aberdeen, Ed. J. Miller of Huron, and state treasurer, John Schambber, to pay the expenses of the trip from San Francisco. To this was added two thousand seven hundred and fifty- four dollars derived from the sale of badges, which was also turned over to the committee. All this except one dollar and thirty-one cents was paid out for sleeping car accommodations and incidental expenses of the journey. From the time they crossed the South Dakota state line, they were given an ovation in every town through which they passed until they reached Aberdeen. Mayor Starr of Deadwood issued a proclamation making Friday, October 13, a holiday in honor of the returning troops, and directed that a salute of forty-five guns be fired upon the arrival of the special train that was bearing them to their homes. It was the intention to have the special train arrive at Aberdeen on the evening of the 13th, that the troops might join in the welcome to President McKinley, then on his Western tour, on the morning of the 14th. But the train was delayed and did not reach there until the Saturday morning nearly a half hour after the president's arrival. Aberdeen was gaily decorated in honor of the president's visit and of the home coming of the soldiers. Columns entwined with the national colors had been set up at short intervals along the principal streets over one of which a triumphal arch had been erected, and flags and streamers were to be seen on every hand. The train was met by an escort of members of the Grand Army of the Republic, and the regiment, with Colonel Frost on horseback at the head, was conducted to the public square where they were welcomed home by President McKinley, who complimented them for their bravery and congratulated them upon their safe return. While in the Philippines, the regiment lost twenty men killed in action; eight died of wounds; thirty-five died of disease and one was drowned. The people of Watertown have erected a handsome monument in the court-house square, in honor of these veterans of the Spanish-American War. On November 3, i899, occurred the election of judges of the supreme court. The Republicans nominated Dighton Corson, Dick Haney and Howard G. Fuller. A convention of Fusionists met at Mitchell, September 4, and nominated Edmund Smith, a free silver Republican; C. B. Kennedy, of the People's party, and Julian Bennett, a Democrat. The Republican candidates were elected, each receiving a majority of more than five thousand over his opponent. The term of the judges chosen at this election expires in 1905. In November the Yankton Savings Bank failed with liabilities of about thirty-two thousand dollars. Among the depositors was the treasurer of Yankton county, who had about eight thousand dollars of the county revenues in the bank at the time of the failure. On the 9th of January, 1900, the State bank at Plankinton suspended, with about six thousand dollars of the funds of Aurora county on deposit. In the political campaign of 1900 five parties-the Republicans, Fusionists, Prohibitionists, Social Democrats and "Middle of the Road" Populists-nominated presidential electors, and all except the social Democrats nominated candidates for state offices. The publican convention met at Sioux Falls May 23. Thomas Fitch, A. R. Brown, Charles Thompson and Arthur H. Marble were nominated for presidential electors; Charles H. Burke and W. Martin, representatives in congress; Charles N. Herreid, governor; George W. Snow, lieutenant-governor; O. C. Berg, secretary of state; J. D. Reeves, auditor; John Schamber, treasurer; John L. Pyle, attorney general; E. E. Collins, superintendent of public instruction; David Eastman, land commissioner; Frank LeCocq, Jr., railroad commissioner. A Democratic convention met at Chamberlain on the 6th of June and selected delegates to the national convention at Kansas City. A second convention of the same party was held at Yankton July 11, in conjunction with one wing of the Populists, or People's party, and the following, known as the Fusion ticket, was nominated: For presidential electors, John P. McElroy, John W Martin, John M. King and Fred H. Bacon; for representatives in congress, Andrew E. Lee and Joseph B. Moore; for Governor, Burre H. Lien; lieutenant-governor, A. L. Van Osdel; secretary of state, Fred B. Smith; Auditor, Frank J. Tracy; treasurer, Charles D. Tidrick; attorney general, Abner E. Hitchcock; land commissioner, W. T. LaFollette. The Middle of the Road Populists met at Yankton October 4, and nominated Edward J. Tracy, K. Halvorson, Ulrich Bosby and Thomas Thompson for electors; L. E. Stair for governor; Fred Nystrum, secretary of state; Frank Stout, auditor; O. J. Husaboe, superintendent of public instruction; I. I. Stearns, land commissioner; A. D. Blundin, railroad commissioner. The Prohibition electors were J. S. Wilson, E. E. Ostroot, N. G. Rude and A. H. Reed. For the state offices F. J. Carlisle was nominated for governor; L. Lewis, lieutenant-governor; N. J. Davis, secretary of state; J. E. Gamble, auditor; H. H. Curtis, treasurer; George H. Grace, superintendent of public instruction; P.S. Rhodes, land commissioner. Robert W. Hare, W. W. Swan and E. F. Atwood were the electors named by the Social Democrats. In addition to all these conventions and nominations for the consideration of the voters of the state, a Populist national convention was held at Sioux Falls, on the 9th of May. At this convention William J. Bryan, of Nebraska, was nominated for president, and Charles A. Towne of Minnesota, for vice president. The candidates receiving the highest vote at the election were the presidential electors. This vote was as follows: Fitch, Republican, 54,530; McElroy, Fusionist, 39,544; Wilson, Prohibitionist, 1,542; Thompson, Populist, 339; Hare, Social Democrat, i69. Governor Herreid's plurality was 13,712, and the entire Republican ticket was elected by pluralities varying from 12,000 to 13,000. On joint ballot the legislature stood 117 Republicans to 15 Fusionists. Charles N. Herreid was born in Wisconsin October 20, 1857. His education was obtained in the University of Galesville, Wis., and the law department of Wisconsin university, from which he graduated in 1882. In January, 1881, he was elected assistant clerk of the Wisconsin assembly, and it is related of him that he sat up all night, studying parliamentary law that he might not make a mistake in recording the proceedings of the house in the daily journal. At the next session of the Wisconsin legislature, he was elected to a similar position in the senate. In 1883 he went to Dakota and began the practice of law in McPherson county. During the next few years he served successively as state's attorney and judge of the county court of McPherson county; member of the board of trustees of the state university, and member of the board of regents of education. In 1892 he was elected lieutenant-governor, and re-elected in 1894. He was elected chairman of the Republican state committee in 1898, and since that time has been a member of the Republican national committee. In 1900 he was elected governor of South Dakota, and entered upon the duties of the office January 8, 1901. In 1902 he was re-elected. The seventh session of the general assembly, which met on the 8th of January, 1901, made liberal appropriations to several of the public institutions of the state. For a horticultural building at the agricultural college at Brookings ten thousand dollars was appropriated and for an engineering building forty thousand dollars. The legislature of 1895 passed an act accepting, as a gift, the old court house at Gary, for a blind asylum. When the board of trustees went there to make preparations for opening the institution, they found the building in such a dilapidated condition that they refused to proceed further with the establishment of an asylum there. Then the people of Gary, by private contributions, erected a new brick building, supplied with steam heat, etc., which was presented to the board as an inducement to go ahead. On February 14, 1901, 25,000 acres of land were set apart for the endowment of the institution, the superintendent of public instruction and the land commissioner being appointed a committee to select that amount of land from the public domain. An appropriation of ten thousand dollars for additional buildings was also made. At the Madison normal school a new dormitory had not been completed for want of funds. For the completion of this building eleven thousand four hundred and seventy dollars was appropriated, and for a normal school at Springfield seventeen thousand dollars. Other appropriations during the session were three thousand five hundred dollars for a hospital at the school for deaf mutes; thirty thousand dollars for a science hall at the South Dakota university at Vermillion; twenty thousand dollars for the school of mines at Rapid City; thirty-five thousand dollars for the insane hospital at Yankton, and two thousand seven hundred and fifty dollars for completing the building for the feeble minded at Redfield. Robert J. Gamble was elected United States senator to succeed Richard F. Pettigrew. Gamble received 113 votes and Pettigrew 13. Robert Jackson Gamble was born at Akron, Geneseo county, N. Y., February 7, 1851. When eleven years old, he went with his parents, Robert and Jennie Gamble, to Fox Lake, Wis. In 1874 he graduated from the Lawrence university, after which he took a course at the Wisconsin law school, and was admitted to the bar in 1875. The same year he went to Dakota and located at Yankton. In 1880 he was appointed district attorney for the second judicial district of Dakota. For two years served as city attorney of Yankton. He was elected state senator under the Sioux Falls constitution of 1885, but, owing to the lure of congress to admit the state, did not take the office. After the admission of South Dakota as a state, he was elected to congress in 1894, was defeated in 1896 and again elected in 1898, and on the 23d of January, 1901, was elected to the United States senate. On July 11, Governor Herreid appointed Alfred B. Kittridge of Sioux Falls, United States senator, to finish the unexpired term of Sen. James H. Kyle, who died July 1st. Alfred B. Kittridge is a native of New Hampshire, and a graduate of Yale university. He located at Sioux Falls in 1885, opened a law office and soon came to be regarded as one of the most successful attorneys in Southeastern Dakota. At the time of his appointment to the senate he was forty years of age. His term as senator expired March 4, 1903.