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THE NORTH DAKOTA SUPREME COURT: a CENTURY of ADVANCES by Herb Meschke and Ted Smith
1 THE NORTH DAKOTA SUPREME COURT: A CENTURY OF ADVANCES By Herb Meschke and Ted Smith This history was originally published in North Dakota Law Review [Vol. 76:217 (2000)] and is reprinted with permission. The history has been supplemented by Meschke and Smith, A Few More Footnotes for The North Dakota Supreme Court: A Century of Advances, presented to the Judge Bruce M. Van Sickle American Inn of Court (April 26, 2001). Added material in footnotes begins with "+". Links and photographs have been added to the original article. The Appendices contain updated and corrected material. Foreword Lawyers use history, mostly legal precedents, to help guide their clients in their lives and businesses. But not all legal history gets collected and published in appellate opinions, or even in news accounts. History is often scattered in ways that are difficult to follow, and facts are frequently obscured by the fogs of memory. As lawyers, though, we should keep track of the people, politics, and developments that shaped our judicial system, particularly in North Dakota our state Supreme Court. Whether good, bad, or indifferent, the current conditions of the Court and of the judicial system it governs certainly affect how we lawyers practice our profession. Consider these glimpses of how our Court and judicial system came to where they are today. I. LEAVING THE 19TH CENTURY 2 A. The Territorial Courts Before statehood, written appellate review in this region began when the 1861 federal act for Dakota Territory created a three-judge supreme court. President Abraham Lincoln appointed the first three justices of the territorial supreme court: Chief Justice Philemon Bliss of Ohio; George P. -
Clemson Commencement Program, December 1994 Clemson University
Clemson University TigerPrints Clemson Commencement Programs Academic Affairs 12-22-1994 Clemson Commencement Program, December 1994 Clemson University Follow this and additional works at: https://tigerprints.clemson.edu/comm_programs Materials in this collection may be protected by copyright law (Title 17, U.S. code). Use of these materials beyond the exceptions provided for in the Fair Use and Educational Use clauses of the U.S. Copyright Law may violate federal law. For additional rights information, please contact Kirstin O'Keefe (kokeefe [at] clemson [dot] edu) For additional information about the collections, please contact the Special Collections and Archives by phone at 864.656.3031 or via email at cuscl [at] clemson [dot] edu Recommended Citation University, Clemson, "Clemson Commencement Program, December 1994" (1994). Clemson Commencement Programs. 128. https://tigerprints.clemson.edu/comm_programs/128 This Article is brought to you for free and open access by the Academic Affairs at TigerPrints. It has been accepted for inclusion in Clemson Commencement Programs by an authorized administrator of TigerPrints. For more information, please contact [email protected]. CLEMSON UNIVERSITY Graduation Exercises December 22, 1994 Clemson, South Carolina Congratulatory Applause You are requested to refrain from loud expressions of pleasure for individual graduates. Such expressions frequently detract from the recognition due the next graduate in line. Your cooperation is respect- fully requested. Graduation Thursday, December 22, 1994 11 :00 a.m. Littlejohn Coliseum ORDER OF CEREMONIES (Audience will please stand as faculty and candidates march in and remain standing for the invocation) Invocation Russell A. Johnson, Student Representative Introduction of Trustees President Philip H. -
Legislative Hearing Committee on Natural Resources U.S. House of Representatives
H.R. 1291, H.R. 1234 AND H.R. 1421 LEGISLATIVE HEARING BEFORE THE SUBCOMMITTEE ON INDIAN AND ALASKA NATIVE AFFAIRS OF THE COMMITTEE ON NATURAL RESOURCES U.S. HOUSE OF REPRESENTATIVES ONE HUNDRED TWELFTH CONGRESS FIRST SESSION Tuesday, July 12, 2011 Serial No. 112-48 Printed for the use of the Committee on Natural Resources ( Available via the World Wide Web: http://www.fdsys.gov or Committee address: http://naturalresources.house.gov U.S. GOVERNMENT PRINTING OFFICE 67-402 PDF WASHINGTON : 2012 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate Nov 24 2008 16:02 Apr 03, 2012 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 L:\DOCS\67402.TXT Hresour1 PsN: KATHY COMMITTEE ON NATURAL RESOURCES DOC HASTINGS, WA, Chairman EDWARD J. MARKEY, MA, Ranking Democrat Member Don Young, AK Dale E. Kildee, MI John J. Duncan, Jr., TN Peter A. DeFazio, OR Louie Gohmert, TX Eni F.H. Faleomavaega, AS Rob Bishop, UT Frank Pallone, Jr., NJ Doug Lamborn, CO Grace F. Napolitano, CA Robert J. Wittman, VA Rush D. Holt, NJ Paul C. Broun, GA Rau´ l M. Grijalva, AZ John Fleming, LA Madeleine Z. Bordallo, GU Mike Coffman, CO Jim Costa, CA Tom McClintock, CA Dan Boren, OK Glenn Thompson, PA Gregorio Kilili Camacho Sablan, CNMI Jeff Denham, CA Martin Heinrich, NM Dan Benishek, MI Ben Ray Luja´n, NM David Rivera, FL John P. -
Stateof the States
a stateline.org report2004 Stateof the States PREFACE his is Stateline.org’s fourth first woman chosen to lead Louisiana; and a long- annual State of the States time national political powerbroker. Still another report, and we think you’ll element of the book is a set of maps and charts that find it a useful companion will show at a glance how the states divide during this election year. In this publica- politically. tion, our writers not only highlight sig- State of the States exemplifies the timely, in- nificant state policy developments in depth, non partisan information you’ll find every education, health care, tax and budget weekday in the pages of Stateline.org. Our free matters, social issues, energy and the envi- online news site is funded by The Pew Charitable ronment and homeland security in 2003, Tr usts as part of its efforts to inform the public, but also identify trends likely to emerge in policy makers and the press on key issues and 2004. All this will hopefully help you sort trends. Make Stateline.org a bookmark. If you through the campaign rhetoric as candi- haven’t done so already, I hope you’ll also sign up dates for local, state and federal office, for our free daily and weekly email newsletters. including the men and women competing They’re a convenient way to stay on top of impor- for 11 gubernatorial posts as well as the tant events in the 50 state capitals. To subscribe, presidency, gird for battle on November 2. simply visit Stateline.org and click on “E-mail You’ll also find profiles of several “new faces” Newsletter” under the Resources at the top of our T— state leaders who assumed power in 2003 or homepage. -
CALIFORNIA's RIGHT of REMOVAL: Recall Politics in the Modern
CALIFORNIA’S RIGHT OF REMOVAL: Recall Politics in the Modern Era DAVID L. SCHECTER, PHD Department of Political Science California State University, Fresno ABSTRACT This article compares the first gubernatorial recall of 1921 with the second such recall of 2003. North Dakota Governor Lynn J. Frazier had always been a footnote in history with his removal from office over 80 years ago, but much can be learned by systematically comparing the first recall campaign with the whirlwind campaign sur- rounding the demise of California Governor Gray Davis and the rise of political neo- phyte Arnold Schwarzenegger. An initial review of the Progressive period is given, followed by an in-depth analysis of America’s first recall, which occurred in the City of Los Angeles in 1903. The article then moves through a detailed discussion of the 1921 campaign to oust Frazier. This first recall is then compared and contrasted with the 2003 California governor’s race. The article concludes with a theoretical discussion of the power of the recall provision and how it may be applied to senior executives in California and elsewhere in the future. This “right of removal” has been both a threat to gubernatorial power and a tool for citizen activism. Imagine a political race where a recently reelected governor faces a tremendous state- wide budget crisis, a well-organized and financially strong opposition, and plunging sup- port from a cynical and frustrated electorate. Adding to this incumbent’s problems, the state is one of only a handful with a rarely used recall provision in its Constitution that some opponents, still bitter from the last race the previous November, plan to exploit. -
NORTH DAKOTA HISTORY JOURNAL of the NORTHERN PLAINS Cumulative Index, 1945-1998
NORTH DAKOTA HISTORY JOURNAL OF THE NORTHERN PLAINS Cumulative Index, 1945-1998 Indexed and compiled by Janet Daley and Ann M. Rathke Edited by Janet Daley State Historical Society of North Dakota Bismarck, North Dakota 2000 Back issues of many issues of North Dakota History: Journal of the Northern Plains are available for purchase. Please check our web site: www.state.nd.us/hist or, for current price list, write to: State Historical Society of North Dakota 612 East Boulevard Avenue Bismarck, North Dakota 58505 Daley, Janet (Janet F.) North Dakota history, journal of the Northern Plains : cumulative index, 1945-1998 / indexed and compiled by Janet Daley and Ann M. Rathke ; edited by Janet Daley. - Bismarck, N.D. : State Historical Society of North Dakota, 2000. vii, 105 p. ; 28 cm. ISBN 1-891419-19-6 1. North Dakota-History-Periodicals-Indexes. 2. North Dakota history-Indexes. I. Rathke, Ann M. II. State Historical Society of North Dakota. III. North Dakota history. North Dakota History: Journal of the Northern Plains Cumulative Index, 1945-1998 © 2000 by State Historical Society of North Dakota, Bismarck, North Dakota 58505 All rights reserved. Printed in the United States of America ISBN 1-891419-19-6 Cover design: Brian R. Austin Cover photograph: Francine Fiske (1921-1983) is pictured setting type for the Sioux County Pioneer Arrow. She was the daughter of the well-known photographer and journalist Frank B. Fiske, who ran the paper from 1929 to 1939. From the photo collections of the State Historical Society of North Dakota, Frank Fiske Collection #64. ii Preface The publication of this index, covering the first fifty-four years of the State Historical Society of North Dakota’s quarterly journal, North Dakota History, has been long-awaited by historians, researchers, and interested readers. -
Political Culture on the Northern Plains : North Dakota and the Nonpartisan Experience Thomas P
University of North Dakota UND Scholarly Commons Theses and Dissertations Theses, Dissertations, and Senior Projects 8-1997 Political culture on the northern plains : North Dakota and the Nonpartisan experience Thomas P. Shilts Follow this and additional works at: https://commons.und.edu/theses Part of the Political History Commons, and the United States History Commons Recommended Citation Shilts, Thomas P., "Political culture on the northern plains : North Dakota and the Nonpartisan experience" (1997). Theses and Dissertations. 2533. https://commons.und.edu/theses/2533 This Thesis is brought to you for free and open access by the Theses, Dissertations, and Senior Projects at UND Scholarly Commons. It has been accepted for inclusion in Theses and Dissertations by an authorized administrator of UND Scholarly Commons. For more information, please contact [email protected]. POLITICJ.h., CULTURf. ON THC NORTHERN PLAINS: NORTH DAi\OTA AND THE NONPARTI.SM~ EXPERIENCE by Thomas P. Shilts Bachelor of Art2, ~ak? Superior State College, 1S86 ~aster nf .cieDce in Library ~cicncef Clar:i.on Jniv2r~ity 0f Peri.11sylvania, 1990 A Thesis Submitted to the Grsdua~e ~aculty of L.- Uni vend.ty of Nor.th Dakota in partial fulfillmen~ of the requirements for the degree of ~12stPr of A.r. ts Grand Forks, North Dakota August 1997 This ~hesis, submitted oy Thomas P. Shilts in partial fulfillment of the requirments for the Degr9e of .~"z:s ter of Art;, from t~,.e Uni V8rsi ty of North· Dakot2, has beer. :r-e2..ci by the Faculty Adviso.cy Committee under w.hom the work has bei::.:r. -
Review of the North Dakota Political Tradition Edited by Thomas W. Howard
University of Nebraska - Lincoln DigitalCommons@University of Nebraska - Lincoln Great Plains Quarterly Great Plains Studies, Center for Summer 1982 Review of The North Dakota Political Tradition Edited by Thomas W. Howard Edward C. Blackorby University of Wisconsin-Eau Claire Follow this and additional works at: https://digitalcommons.unl.edu/greatplainsquarterly Part of the Other International and Area Studies Commons Blackorby, Edward C., "Review of The North Dakota Political Tradition Edited by Thomas W. Howard" (1982). Great Plains Quarterly. 1661. https://digitalcommons.unl.edu/greatplainsquarterly/1661 This Article is brought to you for free and open access by the Great Plains Studies, Center for at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Great Plains Quarterly by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. BOOK REVIEWS 187 The North Dakota Political Tradition. Edited by Thomas W. Howard. North Dakota Cen tennial Series. Ames: Iowa State University Press, 1981. Illustrations, bibliographical es say, index. x + 220 pp. $12.50. This volume is primarily designed to help North Dakotans understand their political institutions and traditions. Seven chapters by as many historians are readable summaries on basic themes of the state's history. Robert Wilkins's study of Alexander McKen zie, reputedly the political boss of Dakota Terri tory and North Dakota, is the most thorough summation available. Wilkins points out that McKenzie's power was not absolute. In a desire to achieve fairness, Wilkins at times leans toward the position that ends justify means. However, McKenzie's record is provided in detail. Charles Glaab definitively describes the career of John Burke, the Democratic governor whose 1906 election signaled the dethrone ment of McKenzie and the coming of the La Follette Progressive movement to North Dakota. -
The Political Effect of the Ku Klux Klan in North Dakota
University of Nebraska - Lincoln DigitalCommons@University of Nebraska - Lincoln Dissertations, Theses, & Student Research, Department of History History, Department of Winter 12-2-2011 The Political Effect of the Ku Klux Klan in North Dakota Trevor M. Magel University of Nebraska-Lincoln Follow this and additional works at: https://digitalcommons.unl.edu/historydiss Part of the United States History Commons Magel, Trevor M., "The Political Effect of the Ku Klux Klan in North Dakota" (2011). Dissertations, Theses, & Student Research, Department of History. 46. https://digitalcommons.unl.edu/historydiss/46 This Article is brought to you for free and open access by the History, Department of at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Dissertations, Theses, & Student Research, Department of History by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. The Political Effect of the Ku Klux Klan in North Dakota By Trevor M. Magel A THESIS Presented to the Faculty of The Graduate College at the University of Nebraska In Partial Fulfillment of Requirements For the Degree of Master of Arts Major: History Under the Supervision of Professor Timothy Mahoney Lincoln, Nebraska December, 2011 The Political Effect of the Ku Klux Klan in North Dakota Trevor Matthew Magel, M.A. University of Nebraska, 2011 Advisor: Timothy Mahoney The 1920s was a transitional decade in the political history of the United States. Progressivism did not have the influence it had had in the first couple of decades of the 20th Century but its ideas were still part of the debate. But many other elements became more prominent such as: Americanism, Urbanization, and Nativism. -
Copyright By- David Henry Jennings
Copyright by- David Henry Jennings 1959 PRESIDENT WILSON'S TOUR IN SEPTEMBER, 1919: A STUDY OF FORCES OPERATING DURING THE LEAGUE OF NATIONS FIGHT DISSERTATION Presented in Partial Fulfillment of the Requirements for the Degree Doctor of Philosophy in the Graduate School of The Ohio State University t By DAVID HENRY JENNINGS, B. A ., A. M. ****** The Ohio State University 1958 Approved by A dviser Department of History PREFACE In view of the many articles and books occasioned by the recent Wilson Centennial and the current in te re st in American foreign policy, it is, indeed, surprising to note that no full length study of Wilson's transcontinental tour of September, 1919 exists. Present publication on the western trip is confined to individual chapters of longer works and b rief general essays.^ A communication from Arthur S. Link indicates that this topic w ill not receive extended coverage in his future volumes on Woodrow Wilson. The status of research indicates the need for a more complete account of the "Swing Around the Circle" than has hitherto been presented. It is hoped that this dissertation meets this need. The other major contribution of this thesis lies in the field of evaluation. The analysis of Wilson's "New Order" attempts to make a significant clarifi cation and synthesis in a relatively neglected area. The study, also, endeavors to identify the forces at work and appraise their effect on the League of Nations debate in September, 1919. Because present day opinion inclines toward the view that the transcontinental tour was a mistake, extended examination is undertaken to see why Wilson should have gone on the trip and why the tour failed. -
North Dakota History, 1999–2020
Index for North Dakota History, 1999–2020 After Custer: Loss and Transformation in Sioux Country, review of, 78:3 & 4, 35-40 Agnew, Jeremy, review of, 77:1 & 2, 40-46 Agrarian Socialism in America: Marx, Jefferson, and Jesus in the Oklahoma Countryside 1904- 1920 (Bisset), review of, 67.4: 38 Agricultural Adjustment Act of 1938, criticism of, 66.3 & 4: 31-40 Agricultural depression, following World War I, 66.3 & 4: 31-40 Agriculture, history of, 68.1: 2-19, 68.1: 20-36; use of binder twine, 68.1: 20-36; use of Native American seeds, 68.1: 2-19 Ahern, Wilbert H., review by, 68.3: 43 Albers, Everett C.–director of N. D. Humanities Council, 70.3: inside cover; article by, 66.3 & 4: 2 Albers, Gretchen A., review by, 76:3 & 4, 41-48 Allen, Brad, article by, 81.4: 16-32 Allen, John L., article by, 69.2, 3, & 4: 2-23; review by, 73.3 & 4: 36 Allen, Michael, review of, 66.3 & 4: 64 Allert, Johannes R., article by, 81.3: 3-15 Amato, Joseph A., ed., review of, 72.3 & 4: 62 Amenia and Sharon Land Company–bonanza farm, 71.1 & 2: 2-49 Amenia, N. Dak., in the 1920s and 1930s, 71.1 & 2: 2-49 American Agriculture and the Problem of Monopoly: The Political Economy of Grain Belt Farming, 1953-1980 (Lauck), review of, 68.1: 37 American Anthropology, 1971-1995 (Darnell, ed.), review of, 71.3 & 4: 48-49 American Automobile Association (AAA), 74:1 & 2: 2-35 American Fur Company, and George Catlin, 70.4: 12-31; and the Upper Missouri Outfit’s Apple River trading post, 84.2: 3-13 American Indian Education: A History, Review of, 74:1 & 2: 44-55 American Legion, formation of, 68.3: 2-13; post-WWII organization and purposes of, 70.1: 2-25; role in senatorial election of 1920, 68.3: 2-13 American Indian women and quilting, 77:3 & 4, 22-39 The American Midwest: An Interpretive Encyclopedia, review of, 75:1 & 2: 26-42 American Natural Gas Company, and Arthur Link, 72.1 & 2: 2-28, 37-46; and coal gasification in western N. -
General Operators for PDF, Common to All Language Levels
GOVERNORS Governors: Elections, Campaign Costs, Profiles, Forced Exits and Powers By Thad Beyle The year 2003 will be etched in the future news reports and analyses as a year of major change occurring to governors. The most startling event was the recall of Gov. Gray Davis of California. The California gubernatorial recall and replacement votes highlight the fact that some elected governors faced situations in which they could lose their office without being beaten by a challenger at the ballot box, becoming ill or dying. One other unique aspect about the current governors is that there are eight women serving as governor in 2004 – the highest number of women serving at one time in the office. As we move through the first decade of the 21st century, we continue to find new faces in governors’ offices. The governors continue to be in the forefront of (47.4 percent). Eleven months later, he was faced activity as we move into 21st century. With Republi- with a recall election, and although he received nearly can governors across the states serving as his major 537,000 more votes supporting his right to continue supporters and guides, Texas Gov. George W. Bush as governor than he received in his 2002 reelection sought and won the presidency in the 2000 election. bid, those wanting him recalled cast nearly 5 million He became the fourth of the last five presidents who votes.3 Davis became the second governor ever re- had served as governor just prior to seeking and win- moved from office through a recall initiative.