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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. -
107 Part 208—Flood Control Regulations
Corps of Engineers, Dept. of the Army, DoD § 208.10 PART 208—FLOOD CONTROL sponsible for the efficient operation REGULATIONS and maintenance of all of the struc- tures and facilities during flood periods Sec. and for continuous inspection and 208.10 Local flood protection works; mainte- maintenance of the project works dur- nance and operation of structures and fa- ing periods of low water, all without cilities. cost to the United States. 208.11 Regulations for use of storage allo- (3) A reserve supply of materials cated for flood control or navigation and/ or project operation at reservoirs subject needed during a flood emergency shall to prescription of rules and regulations be kept on hand at all times. by the Secretary of the Army in the in- (4) No encroachment or trespass terest of flood control and navigation. which will adversely affect the effi- 208.19 Marshall Ford Dam and Reservoir cient operation or maintenance of the (Mansfield Dam and Lake Travis), Colo- project works shall be permitted upon rado River, Tex. 208.22 Twin Buttes Dam and Reservoir, Mid- the rights-of-way for the protective fa- dle and South Concho Rivers, Tex. cilities. 208.25 Pensacola Dam and Reservoir, Grand (5) No improvement shall be passed (Neosho) River, Okla. over, under, or through the walls, lev- 208.26 Altus Dam and Reservoir, North Fork ees, improved channels or floodways, Red River, Okla. nor shall any excavation or construc- 208.27 Fort Cobb Dam and Reservoir, Pond (Cobb) Creek, Oklahoma. tion be permitted within the limits of 208.28 Foss Dam and Reservoir, Washita the project right-of-way, nor shall any River, Oklahoma. -
GEOLOGY and GROUND WATER RESOURCE S of Stutsman County, North Dakota
North Dakota Geological Survey WILSON M. LAIRD, State Geologis t BULLETIN 41 North Dakota State Water Conservation Commission MILO W . HOISVEEN, State Engineer COUNTY GROUND WATER STUDIES 2 GEOLOGY AND GROUND WATER RESOURCE S of Stutsman County, North Dakota Part I - GEOLOG Y By HAROLD A. WINTERS GRAND FORKS, NORTH DAKOTA 1963 This is one of a series of county reports which wil l be published cooperatively by the North Dakota Geological Survey and the North Dakota State Water Conservation Commission in three parts . Part I is concerned with geology, Part II, basic data which includes information on existing well s and test drilling, and Part III which will be a study of hydrology in the county . Parts II and III will be published later and will be distributed a s soon as possible . CONTENTS PAGE ABSTRACT 1 INTRODUCTION 3 Acknowledgments 3 Previous work 5 GEOGRAPHY 5 Topography and drainage 5 Climate 7 Soils and vegetation 9 SUMMARY OF THE PRE-PLEISTOCENE STRATIGRAPHY 9 Precambrian 1 1 Paleozoic 1 1 Mesozoic 1 1 PREGLACIAL SURFICIAL GEOLOGY 12 Niobrara Shale 1 2 Pierre Shale 1 2 Fox Hills Sandstone 1 4 Fox Hills problem 1 4 BEDROCK TOPOGRAPHY 1 4 Bedrock highs 1 5 Intermediate bedrock surface 1 5 Bedrock valleys 1 5 GLACIATION OF' NORTH DAKOTA — A GENERAL STATEMENT 1 7 PLEISTOCENE SEDIMENTS AND THEIR ASSOCIATED LANDFORMS 1 8 Till 1 8 Landforms associated with till 1 8 Glaciofluvial :materials 22 Ice-contact glaciofluvial sediments 2 2 Landforms associated with ice-contact glaciofluvial sediments 2 2 Proglacial fluvial sediments 2 3 Landforms associated with proglacial fluvial sediments 2 3 Lacustrine sediments 2 3 Landforms associated with lacustrine sediments 2 3 Other postglacial sediments 2 4 ANALYSIS OF THE SURFICIAL TILL IN STUTSMAN COUNTY 2 4 Leaching and caliche 24 Oxidation 2 4 Stone counts 2 5 Lignite within till 2 7 Grain-size analyses of till _ 2 8 Till samples from hummocky stagnation moraine 2 8 Till samples from the Millarton, Eldridge, Buchanan and Grace Cit y moraines and their associated landforms _ . -
North Dakota
North Dakota Research Outline Table of Contents Records Of The Family History Library Family History Library Catalog Archives And Libraries Biography Cemeteries Census Church Records Court Records Directories Emigration And Immigration Gazetteers Genealogy History Land And Property Maps Military Records Native Races Naturalization And Citizenship Newspapers Periodicals Probate Records Vital Records For Further Reading Comments And Suggestions This outline describes major sources of information about families from North Dakota. As you read this outline, study the United States Research Outline (30972), which will help you understand terminology and the contents and uses of genealogical records. RECORDS OF THE FAMILY HISTORY LIBRARY The Family History Library has only a few of the records described in this outline. The library's major holdings of North Dakota records include censuses, cemeteries, histories, and Native American records. Some of the sources described in this outline list the Family History Library's book, microfilm, and microfiche numbers. These are preceded by FHL, the abbreviation for Family History Library. You can use these numbers to locate materials in the library and to order microfilm and microfiche at Family History Centers. FAMILY HISTORY LIBRARY CATALOG The library's records are listed in the Family History Library Catalog found at the library and at each Family History Center. To find a record, look in the Locality Search of the catalog for: • The place where your ancestor lived, such as: UNITED STATES - CENSUS NORTH DAKOTA - HISTORY NORTH DAKOTA, CASS - DIRECTORIES NORTH DAKOTA, CASS, FARGO - CHURCH RECORDS • The record type you want, such as: UNITED STATES - CENSUS NORTH DAKOTA - HISTORY NORTH DAKOTA, CASS - DIRECTORIES NORTH DAKOTA, CASS, FARGO - CHURCH RECORDS The section headings in this outline match the names of record types used in the catalog ARCHIVES AND LIBRARIES The following archives, libraries, and societies have collections or services helpful for genealogical research. -
Red River Valley Water Supply Project Class I Cultural Resources Inventory and Assessment, Eastern North Dakota and Nortwestern Minnesota
RED RIVER VALLEY WATER SUPPLY PROJECT CLASS I CULTURAL RESOURCES INVENTORY AND ASSESSMENT, EASTERN NORTH DAKOTA AND NORTWESTERN MINNESOTA Michael A. Jackson, Dennis L. Toom, and Cynthia Kordecki December 2006 ABSTRACT In 2004-2006, personnel from Anthropology Research, Department of Anthropology, University of North Dakota, Grand Forks, conducted a Class I inventory (file search) for the Red River Valley Water Supply Project (RRVWSP). This work was carried out in cooperation with the USDI Bureau of Reclamation, Dakotas Area Office, Bismarck, ND. The file search dealt with hundreds of cultural resource sites across much of eastern North Dakota and northwestern Minnesota. Archeological sites, architectural sites, site leads, and isolated finds were examined for 14 North Dakota counties and four Minnesota counties. Five different action alternatives were investigated to determine the number and types of previously recorded cultural resources located within each. Each alternative was ranked in terms of its potential to cause impacts to cultural resources, both known and (presently) unknown. Analysis indicated that the Red River Basin Alternative (#3) has the largest potential for cultural resource site impacts. From a least-impact cultural resources perspective, the other four alternatives represent the best, least-impact options for construction of the RRVWSP. ii TABLE OF CONTENTS Chapter Page ABSTRACT ....................................................................................................................................................ii -
Boysen Reservoir and Powerplant
Upper Missouri River Basin Water Year 2015 Summary of Actual Operations Water Year 2016 Annual Operating Plans U.S. Department of Interior Bureau of Reclamation Great Plains Region TABLE OF CONTENTS SUMMARIES OF OPERATION FOR WATER YEAR 2015 FOR RESERVOIRS IN MONTANA, WYOMING, AND THE DAKOTAS INTRODUCTION RESERVOIRS UNDER THE RESPONSIBILITY OF THE MONTANA AREA OFFICE SUMMARY OF HYDROLOGIC CONDITIONS AND FLOOD CONTROL OPERATIONS DURING WY 2015 ........................................................................................................................ 1 FLOOD BENEFITS ...................................................................................................................... 13 UNIT OPERATIONAL SUMMARIES FOR WY 2015 .............................................................. 15 Clark Canyon Reservoir ............................................................................................................ 15 Canyon Ferry Lake and Powerplant .......................................................................................... 21 Helena Valley Reservoir ........................................................................................................... 32 Sun River Project ...................................................................................................................... 34 Gibson Reservoir ................................................................................................................... 34 Pishkun Reservoir ................................................................................................................ -
Revisiting Elwyn B. Robinson's History of North Dakota
University of Nebraska - Lincoln DigitalCommons@University of Nebraska - Lincoln James A. Rawley Graduate Conference in the Humanities History, Department of April 2008 Revisiting Elwyn B. Robinson’s History of North Dakota: How the State’s History Created a Community Jennifer Heth University of North Dakota Follow this and additional works at: https://digitalcommons.unl.edu/historyrawleyconference Part of the History Commons Heth, Jennifer, "Revisiting Elwyn B. Robinson’s History of North Dakota: How the State’s History Created a Community" (2008). James A. Rawley Graduate Conference in the Humanities. 19. https://digitalcommons.unl.edu/historyrawleyconference/19 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 James A. Rawley Graduate Conference in the Humanities by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. Revisiting Elwyn B. Robinson’s History of North Dakota: How the State’s History Created a Community Jennifer Heth University of North Dakota Abstract In his History of North Dakota, Elwyn B. Robinson described six themes of North Dakota’s history: remoteness, dependence, radicalism, a position of eco- nomic disadvantage, the Too-Much Mistake, and adjustment. Robinson also concluded that these six themes of the state’s history influenced the state’s people and produced the North Dakota character, which included such traits as pride, stubbornness, and radicalism. Robinson’s scholarship did much to illumi- nate the complexities and interconnectedness of the state’s history, geography, and society, and his History of North Dakota is considered to be the cornerstone of North Dakota historical discourse. -
History of North Dakota Chapter 6
The Beginnings of Settlements 109 CHAPTER 6 The Beginnings of Settlement THE FIRST PORTION OF NORTH DAKOTA to be settled was the valley of the Red River of the North. Except for the Selkirk colonists and the metis about Pembina, agricultural settlement came with the advance of the American frontier. When restless farmers, seeking cheap land, had taken over southern Minnesota, they turned next to the fertile lands of the Red River Valley. Their coming was stimulated by the opening of a new transportation system. Remoteness was a crucial problem at the Selkirk settlement. Its people, métis and white, wanted easy access to outside markets. At first they were supplied by way of Hudson Bay, but that was costly and the Hudson's Bay Company itself sought a cheaper route. St. Paul, more accessible than the Bay, wanted to make the Selkirk colony its commercial hinterland. When the cheaper route to the Selkirk settlement by way of St. Paul won out over the more costly one by way of the Bay, the valley of the Red River became a trade route. Cart trails, the steamboat line, and then the railroad ran through it. These opened the portion of the valley south of the international boundary and brought in settlers. The process advanced in three steps. The first as the growth of the metis settlement at Pembina and St. Joseph. There the metis had freer access both to St. Paul and to the buffalo herds on the American side of the boundary. The Pembina-St. Joseph settlement was also an American 110 History of North Dakota gateway to the Selkirk colony to the north. -
Cenozoic History of Northeastern Montana and Northwestern North Dakota with Emphasis on the Pleistocene
Cenozoic History of Northeastern Montana and Northwestern North Dakota With Emphasis on the Pleistocene GEOLOGICAL SURVEY PROFESSIONAL PAPER 326 Cenozoic History of Northeastern Montana and Northwestern North Dakota With Emphasis on the Pleistocene By ARTHUR DAVID HOWARD GEOLOGICAL SURVEY PROFESSIONAL PAPER 326 A study emphasizing the Pleistocene history of the north-central Great Plains, with descriptions of glacial and nonglacial deposits and of major drainage changes UNITED STATES GOVERNMENT PRINTING OFFICE, WASHINGTON : 1960 UNITED STATES DEPARTMENT OF THE INTERIOR FRED A. SEATON, Secretary GEOLOGICAL SURVEY Thomas B. Nolan, Director The U.S. Geological Survey Library catalog card for this publication appears after page 107 For sale by the Superintendent of Documents, U.S. Government Printing Office, Washington 25, D.C. CONTENTS Page Page Abstract, _ __________ _______________________________ 1 Quaternary stratigraphy Continued Introduction _______________________________________ 3 Early Wisconsin (?) drift Continued Purpose of study ______________________________ 3 Surface topography. ________________-_----__ 33 Field methods. ________________________________ 3 Differentiation _____________________________ 34 Pebble analyses. _ ___________________________ 3 Age of drift. ____-_-_-_____-______----_----_ 35 Isopleth maps. _____________________________ 4 Wisconsin age. _ ________________________ 35 Acknowledgments------ __---_-_-_-______________ 7 Summary of age discussion__ _______ ______ 36 Physiographic setting _______________________________ -
Our Hettinger County Heritage
Our Hettinger .4 County Heritage : .^—-Nir**-* -«-• mim**7:"'» \m •>i»4,V( :/ by ENID BERN North Dakota State Library 604 E Bo ilt vard Avenue BismarcK, ND 55505-0800 Bern ,m Our Hettinger County- d<n heritage . \Q1S NORTH DAKOTA STATE LIBRARY BISMARCK 58501 OCT 20 1975 NORTH DAKOTA MATT I IBriARY 11 33105 66630 4301 T7[oUy 7\ortr\ Dakota, cfa?\e /? J97S Do Z/\e, 7\oriJ\ £>a£o?a State £t£>rary tist?J\ my corr\pftrr{e7\Zs Cntd 3ers\ Our Hettinger County Heritage Cover: The scene is one of shock threshing on the Otto Kibbel homestead. Mr. Kibbel was the owner of the outfit, Fred Wickman tended the separator. North Dakota Statl Ufertff Bixmarf.k NH -PAM Dedicated to the sacred memory of my parents and to all other pioneers who ventured into this region, ready to face the many hardships and to accept the challenges they knew they would encounter in establishing homes and communities out on these vast prairies. V FOREWORD Less than 150 years ago that part of Southwestern North Dakota with which this book largely deals was described and illustrated by most mapmakers as "The Great American Desert". From that point in time to the first of the present century this area was inhabitated for the most part by nomadic Indians and white trappers, ranchers, and a very few homesteaders, or "squatters". Shortly after the turn of the century an increasing number of people came to this area to pick choice sites of free land for homesteading. After the completion of the railroads into the area, the influx of the people became so great that in a few years homesteaders oc cupied homestead lumber shacks or sod houses on almost all quarter sections of land suitable for farming or grazing in the area. -
North Dakota State Research Guide Family History Sources in the Peace Garden State
North Dakota State Research Guide Family History Sources in the Peace Garden State North Dakota History The first Europeans in the area arrived the last part of the eighteenth century and were fur traders employed by the Missouri Fur Company. The peopling of the area quickly followed the first exploration with settlements in Selkirk Colony, on the Red and Assiniboine rivers, and the Pembina settlement. Both were established in 1812, but conditions were so difficult that by 1823 Selkirk had become part of the Hudson Bay Company settlement and Pembina had been abandoned. The indigenous tribes of the Dakotas were the Mandans and Arikaras. Eastern tribes that were moved into the area included Hidatsas, Crows, Cheyennes, Creeks, Assiniboines, Yanktonai Dakotas, Teton Dakotas, and Chippewas. The smallpox epidemics in 1782 and 1786 wiped out three-fourths of the Mandans and half of the Hidatsas. The epidemic of 1837, probably introduced by the white fur traders, also had a devastating effect on the native population. Composing the largest settlement at the Red River were the “half-breeds” (called métis) who were the offspring of European fathers (French, Canadian, Scottish, and English) and Native American mothers (Chippewa, Creek, Assiniboine). Many area residents claimed French-Chippewa ancestry. By 1850 more than half of the five to six thousand people living at Fort Garry were métis, with a large percentage being Canadian- born. Settlers began moving into the region in 1849 with the organization of Minnesota Territory and the settlement of Iowa and Minnesota. This immigration brought a number of settlers to southeastern Dakota. Dakota Territory was created by an act of Congress on 2 March 1861 from the area that had previously been Nebraska and Minnesota territories. -
Grant County, North Dakota Background REPORT
GRANT COUNTY, NORTH DAKOTA - BACKGROUND REPORT 2014 Prepared by: Roosevelt-Custer Regional Council Dickinson, ND TABLE OF CONTENTS Early History of North Dakota ...................................................................................... 1 First People ................................................................................................................ 1 Fur Trade .................................................................................................................... 2 Military Confrontation ............................................................................................... 2 American Settlement ................................................................................................. 3 The Railroads ............................................................................................................. 4 Statehood ................................................................................................................... 4 Nonpartisan League .................................................................................................. 6 The Spanish Influenza Epidemic .............................................................................. 6 The Great Depression ............................................................................................... 7 Postwar Economics and Politics .............................................................................. 9 Political Realignment ...............................................................................................