Attempts at Further Division. The territory was still too large, and attempts were made to subdivide on the 46th parallel. In 1871, 1872, 1874, and 1877 the territorial legislature petitioned congress to make a new territory out of the portion north of that parallel, and in 1881 a request was made to divide the territory into three states; but congress refused to act. The movement for division was kept up in the southeastern portion, and the desire for statehood rapidly grew. To be admitted as a state, two conditions are necessary: (1) the consent of congress must be obtained and (2) a constitution and republican form of government must be adopted.

Dakota Citizens' League. In 1882 a movement was commenced, known as the "Dakota Citizens' League," having the twofold object of preventing the sale of the school lands at a low price and of securing division and statehood. There was talk of the formation of a company to buy the school lands, in the hope of profiting by an increase in their value. General William Henry Harrison Beadle, then territorial superintendent of public instruction, was very active in this movement to save the school lands from falling into the hands of speculators, and a great many others worked hard for the same purpose. A strong sentiment was created, which later resulted in a provision that no school land should be sold for less than ten dollars an acre. To commemorate his noble work a beautiful marble statue of General Beadle to adorn the state capitol building at Pierre has been provided by the pupils in the schools of the state.

Constitution of 1883. The territorial legislature of 1883 passed a bill providing for a convention to frame a constitution for the southern half of Dakota. This bill was vetoed by Governor Ordway, so the Citizens' League called a convention to be held at Huron on June 19th of that year. This convention passed resolutions and pro

vided for a constitutional convention to be held at Sioux Falls on September 4, 1883. Provision was made for the election of 150 delegates from the counties in what is now South Dakota. This movement was hastened by the removal of the territorial capital to Bismarck, to the great displeasure of the people in the southern part of the territory. The convention was held, Bartlett Tripp being elected its president. It remained in session fourteen days and framed a constitution much like the one we now have, though very different in some particulars. Thus the state seal provided for was described as follows:

"A shield draped with the American flag, depending from the beak of an eagle. In the background of the shield, a range of hills and the chimney of a smelting furnace. In the center of the shield, a river, bearing a steamboat. On the hither bank of the river, a train of cars. In the middle foreground, a field of wheat and a field of corn. In the immediate right foreground, a white man at his plow; in the left foreground, an Indian and tepees. Both white man and Indian are looking at a rift in the clouds where appears the legend: 'Fear God and Take Your Own Part.' This legend shall be the motto of the State of Dakota."

Constitution of 1885. Congress refused consent to the admission, however, and in 1885 the territorial legislature provided for another constitutional convention for the portion of the territory south of the 46th parallel. In conformity with this provision, 101 delegates were elected June 30th and met at Sioux Falls, September 8th, remaining in session sixteen days. Alonzo J. Edgerton, chief justice of the supreme court of the territory, was elected president of the convention. A constitution was carefully prepared, being the one which, with a few changes, later became that for the state. In November the people ratified it by a vote of 25,226 for and 6,565 against. Huron was chosen as capital, and a full set of state officers, with Arthur C. Mellette as governor, and two members of congress, Oscar S. Gifford and Theo

dore D. Kanouse, were elected. The legislature for South Dakota met at Huron in December and chose two United States senators, Gideon C. Moody and Alonzo J. Edgerton. Congress, however, refused to approve of this action, and again the efforts of the people to secure statehood were unsuccessful.

The Enabling Act of 1889. At length congress was willing to divide Dakota territory into two parts and permit each to form a state government. The law which was passed by congress and approved by President Cleveland, February 22, 1889, provided for this and was entitled:

"AN ACT to provide for the division of Dakota
into two states and to enable the people of
North Dakota, South Dakota, Montana, and
Washington to form constitutions and state
governments, and to be admitted into the
Union on an equal footing with the original
states, and to make donations of public lands
to such states."

Line Separating Dakotas. The dividing line selected for Dakota was not the 46th parallel, as had been formerly proposed, but the 7th standard parallel or "correction line" of the land survey (see Fig. 8). This is about four miles south of the 46th parallel, and east of the Missouri river it was a section line, a township line, and for nearly all counties, a county line. The 46th parallel passes right through sections and townships, and had it been chosen there would have been many farms partly in North Dakota and partly in South Dakota.

Provisions of the Enabling Act. Provision was made for readopting, if desired, the constitution of 1885, with such changes only as relate to the name and boundary

of the proposed state, to the reapportionment of the judicial and legislative districts, and such amendments as may be necessary in order to comply with the provisions of this act."

Following are some other provisions of the enabling act, none of which can be changed without the consent of congress and of the people of the state:

"The constitution shall be republican in form and make no distinction in civil or political rights on account of race or color, except as to Indians not taxed, and not be repugnant to the constitution of the United States and the principles of the Declaration of Independence.

"Perfect toleration of religious sentiment shall be secured.' "The state must disclaim any right to United States lands and Indian reservations, and the right to tax United States lands or property.

"Lands belonging to non-resident citizens of the United States shall not be taxed at a higher rate than those of residents.''

"Provisions shall be made for the establishment and maintenance of systems of public schools, which shall be open to all children of the state, and free from sectarian control."

"Lands granted by the United States for educational purposes shall be disposed of only at public sale and at a price not less than ten dollars an acre. The proceeds of the sale of these lands shall constitute 'a permanent school fund, the interest of which only shall be expended in support of said schools.''' To the permanent common school fund is also added five per cent of the net proceeds of the sale of all United States lands within the state.

Many thousands of acres of public lands were given to the state by the United States for educational, charitable and other public purposes. Besides the two sections in each township for the common schools, there were given lands as follows:

"For the use and support of agricultural colleges 120,000 acres; for the agricultural college, 40,000 acres; for the state university, 86,080 acres; for the state normal schools, 80,000 acres; for a state capitol, 82,000 acres; 40,000 acres each to the school of mines, the reform school, the school for deaf mutes; for such other educational and charitable institutions as the legislature may determine, 170,000

acres.

Constitutional Convention of 1889. In accordance with the terms of the Enabling Act, seventy-six delegates were elected in May, and these met at Sioux Falls on