Fargo (N.D.) City Justice of the Peace Records

Collection

Identifier: Mss 116

Staff Only

Scope and Contents

The records of the Police Magistrate Court and City Justice of the Peace consist of primarily of docket ledgers spanning 1893 to 1947. Due to the variety of courts involved, conflicting titles for the presiding judges, and lack of identification for the volumes; placing them in proper order proved difficult. The researcher should bear this in mind when using the records. The records have been divided into the following series: Police Magistrate Court Dockets, 1893-1919; Police Magistrate Court Miscellaneous Ledgers, 1896-1919; Justice Court, 1902-1906; City Justice of the Peace, 1919-1947.

The Police Magistrate Court Dockets Series appear to be quite complete for the time period of 1893 to1919. Two volumes contain some records of the short-lived Municipal Court. The volumes beginning in 1910 contain indices.

The Police Magistrate Court Miscellaneous Ledgers Series contains a variety of records which did not fit into the docket series. They are primarily records of complaints, summons and change of venue. The Justice Court Series contains civil dockets for 1902 to 1906 and one criminal docket for 1903 to 1906; all of which are indexed.

The City Justice of the Peace Series covers from 1919 to 1947. Both the civil dockets and criminal dockets are complete for the entire period.

Dates

1893-1947

Creator

North Dakota. City Justice of the Peace (Fargo) (Organization)

Access

The collection is open under the rules and regulations of the Institute.

Copyrights

The State of North Dakota owns the copyrights.

History

On January 5, 1875 the Dakota Territorial Legislature passed "An Act to Incorporate the City of Fargo." One of the positions to be appointed was a city justice of the peace. He was to "have exclusive jurisdiction and it shall be his duty to hear and determine all offenses against the ordinances of the city, and concurrent jurisdiction with other justices in all other cases civil and criminal." At the newly elected Fargo Council's second meeting on April 15, 1875, E. D. Barker was appointed City Justice. However he resigned June 9, 1875 and James Stack was appointed. Beginning in 1877 the position was filled through municipal election. (Attached to this finding aid is a list of all city justice of the police from 1875 to 1925 as found in the Fargo Council/Commission meeting minutes.) In 1887 the Dakota Territorial Legislative Assembly enacted a law for the incorporation of cities within the Territory which provided for an elected City Justice of the Peace. (Chapter 73, Article X Laws of Dakota, 1887) The 1889 Territorial Legislative Assembly amended that chapter by creating a new city officer, namely a Police Justice. The newly created Police Justice position assumed all the duties and prerogatives of the former city justice of the peace. The new City Justice of the Peace was to "have the same jurisdiction as justices of the peace within said county in all civil and criminal cases, (Chapter 33, Laws of Dakota, 1889). In April 1896 Municipal Courts were established through North Dakota legislative action. They were declared unconstitutional by the North Dakota Supreme Court and abolished by the 1905 Legislative Assembly. Apparently the courts were contested shortly after their establishment in 1896. Also attached is a list of police magistrate for the City of Fargo from1890 to 1925 as taken from the Council meeting minutes.

City Justice of the Peace for the City of Fargo

1875 E. D. Barker (April-June)/James Stack (June- ) 1876 John J. Skuse 1877 C. A. Roberts 1878 James S. Stack 1879 James S. Stack 1880 Augustus Roberts 1881 Augustus Roberts 1882 Augustus Roberts 1883 A. B. Gaptill 1884 Augustus Roberts 1885 William H. Barnett 1886 William H. Barnett 1888 William H. Barnett 1890 J. H. Mulchakey 1892 C. F. Johnson 1894 E. C. Gearey 1896 E. C. Gearey 1897 A. G. Hanson 1898 A. G. Hanson 1900 A. G. Hanson 1902 A. G. Hanson 1904 Martin Ryan 1906 Henry F. Miller 1908 Henry F. Miller 1910 Augustus Roberts 1912 Augustus Roberts 1914 Augustus Roberts 1915 Leigh Monson 1917 Leigh Monson 1919 Henry F. Miller 1923 J. K. Bingham 1925 E. L. Richter

Police Magistrates of the City of Fargo

1890 William H. Barnett 1892 William H. Barnett 1896 S. G. Roberts* 1897 E. C. Gearey 1906 Martin Ryan 1910 H. F. Miller 1915 Augustus Roberts 1919 Leigh Monson 1925 Paul M. Paulson

*City Council minutes listed office as Municipal Justice. The 1897 minutes list office as Police Magistrate again.

Extent

9.7 Linear Feet (9.7 linear feet)

Language of Materials

English

Additional Description

Abstract

The collection consists primarily of the justice dockets (criminal and civil) of the Police Magistrate Court, Municipal Court, and the Justice of the Peace. The dockets contain all vital information for the cases.