The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1932-10-05
EDDY COUNTY SEAT
DEFEATED
ON REMOVAL ISSUE
Decision BY High Tribunal Kept
Removal Proposal From
Vote IN 1916

Although the effort to remove the
state capital from Bismarck to
jamestown in March Of this year was
the only such proposal to come to a
vote 1t is considered by some persons
as having been less dangerous than
the threat of New Rockford In 1916.
That year saw the rise of the Nom
partisan League to power in North
Dakota. following several years of
agitation for progressive" legislation
and policies. Among other subjects
preached was that of moving the
capital, and New Rockford became
lnflamed with the idea that the seat
OF government should be located
there. since it is very near the geo.
graphical center of the state.
In addition, there was the tempta-
ton to make use Of one of the new
devices of government, the initiated
clause of the state constitution.
which had been adopted by the leg
lslature in 1913 and approved by the
people.
Advocacy by Theodore Roosevelt
IN 1912 of the principles of initia-
ton, referendum and recall had
made these burning issues In North
Dakota. The matter first was broach-
ed seriously in 1911 and by 1918
provision had been made for all of
them.
One OF khe first attempted uses of
this power of the people to vote d.
rectly on legislation was involved in
the New Rockford movement.
Petitions were circulated through
out the state and presented to
Thomas Hall, secretary Of state,
Bismarck Folk Worried
Residents of Bismarck were frank
~ perturbed. The electorate had
shown a disposition to make sweep
ing changes and a new capitol city
was more than a possibility.
The upShot of the movement was
that the right of the secretary of
state to submit the matter to the
voters was challenged in the supreme
court by Henry j. Linde as attorney
general and Otto Bauer as a taxpay-
er, Hall being named as defendant.
Batteries Of lawyers were present.
ed by each side and the arguments
were long and vociferous.
The plaintiffs contended that the
petitions were invalid for numerous
reasons, chief among them being the
fact that the constitutional amend
ment providing for initiating changes
should be self-executing. It was their
contention that before it could be
used at all the legislature must
prescribe rules governing its use. It
also was asserted that the petitions
were fraudulent in that some sigma
lures were obtained by fraud while
still others were forgeries.
The defendants contended that
such technicalities should not be per-
mitted to interfere with a full and
tree expression of the will of the
people. Related issues were many
and great interest was aroused in
the case.
New Rockford Has Boom
On the strength of its prospects
for becoming the capital city New
Rockford was enjoying a boom. A
daily newspaper was started there:
FUNDS Tor a campaign were raised
and the prices If not the values of
land made rapid increases.
This balloon was rudely punctured.
however, when the supreme court
handed down its opinion on Septem-
Der IL, 1916. In the main opinion
Justice Goss held that the constitu-
tional provision was not self-execut-
ing, citing numerous legal precedents
and reasons. Separate supporting
opinions were offered by Justice E. T.
Burke, Bruce and Christensen.
The heat engendered by the argu-
ments, and the fact that threats of
political reprisal If the court ruled
against the petitions were freely
voiced, resulted In some strong ex-
pressions creeping into the opinions
of the various judges, Justice Bruce
particularly condemning the whole
business IN burning language.
The defect in the constitution
which resulted In victory for Bis
marck was promptly corrected. but
the capital removal issue had been
sidetracked for others and was not
raised again until 1890, when the
blsmarck-Jamestown contest settled
the matter by direct vote.
New Rockford's boom vanished
overnight. Enterprises which had
sought to- get lin on the ground
floor folded up their tents and FLED.
Many who had plunged heavily into
speculation on the basis of the city's
prospects found their bid for fortune
had failed.
The lasting effects of the episode
however, were to be seen in the fact
mat Eddy was the only county other
than Stutsman to give the removal
proposal a majority Of its votes In
the 1882 election.