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Welcome to Stark County ND
History and
Genealogy
Presented by
North Dakota Genealogy Trails
a part of
Genealogy
Trails
Stark County was created February 10, 1879 as a county within Dakota Territory
from parts of Howard County and Williams County. The county organized on
May 25, 1883, and became a county in the state of North Dakota on November
2, 1889.
In 1891, the North Dakota Legislature enacted legislation annexing Dunn County,
Hettinger County, and parts of Billings, Bowman, McKenzie, Wallace, and Willliams
Counties into Stark. However, the act was vetoed by Governor Eli C. D.
Shortridge.
Additional annexation legislation was enacted in 1895, affecting the boundaries
of Stark, Billings, and Mercer Counties, subject to approval by the counties'
voters.The annexation went into effect November 3, 1986, but Wilson L. Richards,
a local cattle rancher, sued to overturn the annexation because he and other
landowners in the area were now subject to taxation by Stark County. The
case went to the North Dakota Supreme Court, which ruled the law unconstitutional
on May 18, 1899.The annexation remained in effect, however, due to a replacement
law approved by the legislature March 9, 1899 in anticipation of the court's
decision.
This second annexation law was overturned by the North Dakota Supreme Court
in 1901 because the annexation was not referred to the voters of the affected
counties as required by the North Dakota Constitution.This lawsuit involved
a landowner, Henry Schaffner, whose property in Williams County was added
to neighboring Mercer County by the 1899 law. Schaffner objected when the
Mercer County sheriff seized and attempted to sell Schaffner's property to
collect taxes the county claimed Schaffner owned. The court ruled that the
seizure was illegal, since the 1895 ruling meant Schaffner's property was
outside of Mercer County's jurisdiction.
The Legislature passed a third annexation law in 1903, this time submitting
it to the voters Stark County and the unorganized counties of Dunn and Hettinger
for approval. The annexation was approved by 502 votes in Stark County and
65 votes in Hettinger County, but it failed by 1 vote in Dunn County.Stark
County claimed the annexation vote valid, since the legislation required
a majority if the aggregate votes cast. However, the North Dakota Constitution
required a majority vote in each affected county subject to annexation, so
the state of North Dakota sued stark county on the grounds that the enabling
legislation was unconstitutional and that the "no" vote in Dunn County meant
the annexation failed. The North Dakota Supreme Court ruled the 1903 law
unconstitutional in 1905 Stark County received a minor boundary change in
1908 when Dunn County was formally organized. -- Source:
Wikipedia.com
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