History of Dakota Territory, volume III, Part 17

Author: Kingsbury, George Washington, 1837-; Smith, George Martin, 1847-1920
Publication date: 1915
Publisher: Chicago, Ill. : S.J. Clarke Publishing Company
Number of Pages: 1146

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Late in October a special train carrying J. M. Whitman, general manager of the Northwestern Railway Company; John E. Blunt, chief engineer; P. Holenback, assistant general superintendent; H. R. Mccullough, general freight agent ; and J. S. Burke, assistant superintendent of the South Dakota division, arrived at Pierre. They came to confer with the city authorities concerning freight and station land, tracks, grades, etc. They at once transferred to the city Capitol Hill-ten acres-where it was proposed a temporary building should be erected, and agreed to erect the following spring at a cost of about five thou- sand dollars a fine brick station house and depot, providing the city would post- pone temporarily the opening of certain streets across the tracks. They announced that it was the intention of the company to reserve all their lands to the northwest- ward for the use of shops, a roundhouse, division terminals, a bridge across the river, etc.

Pierre formally celebrated her capital victory on November 15, on which occasion Governor Mellette and other prominent men delivered addresses. Soon after this event the city settled down to business. At a meeting of the citizens John J. Kleiner, L. W. Albright, Dr. W. M. Blackburn, W. H. Glisker and J. A. Johnson were appointed a committee to receive formally the Legislature and the

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state officials on October 15th, the date set for the first meeting of the state assembly.

Important problems in 1889 were prohibition, statehood, constitution, tem- porary capital and first state officers. The election of October, 1889, settled all this and quieted the nervous tension that had prevailed for so many years. In December, 1889, South Dakota was divided into two census districts in anticipa- tion of the census to be taken by the Government in the summer of 1890. The state was the fortieth admitted to the Union and North Dakota was the forty- first. These two states and Washington and Montana were admitted under the same act. Although the admission of the state was certain long before that event, yet on November 2, 1889, when President Harrison formally declared South Dakota a member of the Union, many formal celebrations were held in every part of the state to give vent to the enthusiasm which had been held in subjection for ten or twelve years. President Harrison signed the proclamation at 3.40 o'clock P. M. November 2, 1889. Immediately thereafter, Senator Moody sent forth the telegram to the state as follows: "North and South Dakota proclamation issued. We are a state."

When the state was admitted, the assessed valuation of all property was about one hundred million dollars and at that time the indebtdeness was about one million dollars and there was very little cash on hand. Concerning the administration of Governor Mellette, Doane Robinson said in the Sioux Falls Press in March, 1910: "The way was uncharted and he displayed a patience and wisdom which will always distinguish him and commend his memory to the respect of the people who annually come to give him higher veneration. He was the first of a succession of good men who filled that office." The annual cost to administer South Dakota was about six hundred and seventeen thousand dollars in 1889. This covered all expenses including interest on bonds and terri- torial and state expenses. The public institutions alone cost about two hundred and twenty-four thousand dollars. The tax amounted to about three hundred and thirty thousand dollars. Thus the receipts were not sufficient by a con- siderable sum to meet the annual legitimate expenses. The constitution provided that the state could run up an indebtedness of $100,000, but even then the receipts would amount to but $430,000, which left a deficit of more than two hundred thousand dollars which must be met either by economy or by some other method. It was suggested that if necessary, several or all of the state institutions could be dispensed with. It was incumbent on the Legislature to find a way out of the darkness. Many suggestions were offered as to the manner of economizing on state management. It was pointed out that the law relating to the insane asylum could be so changed that the counties could be required to take care of the insane. It was further argued that the $500,000 debt limit meant that that sum could be run up as a debt over and above the amount of the old territorial debt which was to be paid by South Dakota. There was a senseless craze about state economy -- a craze that was wholly unnecessary and should have been wholly prevented by the able men who managed the state government in its infancy. While the constitution provided that but two mills could be assessed for ordinary expenses, yet it further provided that in emergencies, such as deficiency, two mills addi- tional could be levied. Thus the constitution provided a remedy. Not only that, but its measures were eminently wise because the restrictions of the two

GERMANIA HALL, SIOUX FALLS

In this building were held the Constitutional Conventions of 1883, 1885 and 1889, together with other historie conventions

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SOUTH DAKOTA: ITS HISTORY AND ITS PEOPLE

mill clause would cause strict econoiny which was necessary for the young state in order to get out of debt and to remain out. The difficulty that arose was one of politics. It became a fashion for politicians and all others seeking public favor to raise a great hue and cry about economy. In fact the officials often seemed to vie with each other in cutting down to the bone important appropria- tions that were necessary for the life and prosperity of state institutions and state progress. All of this cry of economy was in a measure a necessity under the constitution, but was also a political dodge for the officials to curry favor with the people. All agreed that the state must have whatever was necessary to carry on legitimate expense and propel the commonwealth on its stride upwards.

South Dakota became a state under somewhat difficult circumstances. The labor conditions were in a chaos. From the ranks of both old parties had come a revolt and the populists became a power in the state. This was a period of great depression, but it was hoped that the opening of the Great Sioux Reserva- tion would so increase population that South Dakota would not feel so severely the depression resulting from hard times. There had been two successive crop failures due to drought. Owing to this fact many new settlers who had little or nothing upon which to live left the state and returned to the East, and South Dakota suffered from the depressing stories told by these families.

All things considered, the constitution of 1890 was an admirable document fully up with the times and amply sufficient to advance the state in prosperity and safeguard all the rights of the inhabitants. The constitutional convention of 1890 was a notable gathering. At that time the state was full of adventurers and speculators and the convention itself had among its members cranks of all classes and perhaps actual criminals. This constitution was not a new measure. Three times were the people called upon to enact and re-enact it, but in spite of all opposition they managed to keep the virtues which had accumulated and been made part of the constitution during a period of ten years. One measure which came through and which has been the salvation of the schools, was the provision that no school lands should be sold for less than ten dollars an acre. W. H. H. Beadle has been given credit for this important constitutional measure and has been duly honored for the good it has done the entire state. The people in October, 1889, determined at the polls to keep all the merits of the old constitution. The state officers had been chosen in anticipation of the adoption of the old constitution, but the act of admission required that a new election should be held. The young state was lucky in having able, honest and experienced men to set the wheels in motion. The big four at this time were A. C. Mellette, gov- ernor; R. F. Pettigrew and G. C. Moody, United States senators; and A. J. Edgerton, of the Supreme Court. The two congressmen were O. F. Gifford and J. A. Pickler. There were many other able, honest and careful men who assisted in starting the new state on its journey upward.

The State of South Dakota having no swamp and saline lands was awarded other tracts in lieu thereof by the United States Government. In 1889 Congress gave the School of Mines an allotment of 40,000 acres; Reform School 40,000 acres ; Deaf and Dumb Asylum 40,000 acres; Agricultural College 50,000 acres ; State University 40,000 acres; State Normal Schools 80,000 acres; State Capitol 50,000 acres; other charitable institutions 170,000 acres; total 500,000 acres.

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Mineral lands were examined for this allotment. School lands, it was provided, should be located elsewhere if they were found to contain minerals. The officials promptly took measures to survey large portions of the new state.

In the spring of 1891 the Government called for bids for the survey of the boundary line between North Dakota and South Dakota. At its last session Congress had appropriated $25,000 to pay the expenses of this survey. The initial point of the boundary line was the intersection of the seventh principal meridian and the Big Sioux River. From that point a survey was made to the Sisseton and Wahpeton Reservation, a distance of 1112 miles. Across the reservation an original survey of nearly thirty-three miles was then made. Thence westward another original survey was made to the Missouri River a distance of a little over one hundred and forty-five miles. From the river westward another original survey to the Montana line, distant over one hundred and seventy-one miles, was projected. This made the distance of-the southern boundary of North Dakota and the northern boundary of South Dakota 3611/2 miles, of which 157 miles had already been surveyed. The boundary line was marked with stone monuments at intervals of half a mile. These monuments were 10 inches square, 7 feet long and weighed 1,200 pounds. On the north side of each monu- ment were the letters N. D. and on the south side the letters S. D.

In his message to the Legislature January, 1890, Governor Mellette called attention to the fact that the finances of the state were the most important subject for the immediate and mature consideration of the Legislature. He submitted a statement of the financial condition of all the departments. This statement showed that the bonded debt at the time of the admission of the state was $710,000, of which $116,000 bore 6 per cent interest ; $125,000, 5 per cent interest ; $317,000, 41/2 per cent interest, and $152,500, 4 per cent interest. The state also owed from seventy-five thousand to one hundred and fifty thousand dollars of territorial funding warrants, and in addition South Dakota was required to pay North . Dakota $46,500 to adjust accounts between the two states up to March 8, 1889. He stated that South Dakota had overdrawn its rights from the territorial fund and that the amount due from this state had thus been increased to about $150,000. He noted that there had been refunded on insurance hospital bonds $77,500 and on penitentiary bonds $35,000. Both were refunded at the lower rate of 4 per cent interest. The State treasury had received $84,441.93, of which $38,407.70 was in bond funds. He estimated the total expenses of the state for one year at $508,222.50 and the receipts at $335,326.68, leaving a deficiency of $172,905.82. The clause in the constitution concerning the subject of annual tax was as follows :

"The Legislature shall provide for an annual tax sufficient to defray the esti- mated ordinary expenses of the state for each year not to exceed in any one year two mills on each dollar of the assessed valuation of all taxable property in the state to be ascertained by the last assessment made for state and county purposes. And when it shall appear that such ordinary expenses shall exceed this income of the state for such year, the Legislature shall provide for levying a tax for the ensuing year sufficient with other sources of income to pay the deficiency of the preceding year. And for the purpose of paying the public debt the Legislature shall provide for levying a tax annually, sufficient to pay the annual interest and the principal of such debt within ten years from the final passage of the law creating the debt, provided that the annual tax for the payment shall not exceed

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in any one year two mills on each dollar of the assessed valuation of all taxable property in the state as ascertained by the last assessment made for state and county purposes."

The Governor after taking all figures into consideration estimated that the deficit for 1890 would amount to $236,719.75. He admitted that the state could contract a debt to meet the deficiency, but not to exceed $100,000, so that even if the state should conclude to raise $100,000 the deficiency still would be $136,719.75. Governor Mellette then recommended the following course: "To meet the emer- gency it is recommended, first, to annul all appropriations made by the territorial Legislature and to cover into the' general fund all unexpended balances remaining to each account on the first day of January, 1890. Then ascertain as near as may be the floating indebtedness of the state at the date of its admission into the Union and provide for its liquidation by the issue of bonds and proceed to make a careful estimate of the amount that will occur from a two mill levy during the current year and also the year ensuing for ordinary expenses. Then it is advised that you take the list of estimated expenses and provide for those first which are actually indispensable under careful and economical management and divide the remaining sum available among the other public institutions and administrative departments so as to serve best the public interests, in no event permitting a deficiency to exceed the limit of $100,000 permissible by the constitution."

The governor commented with some strictures upon the reports from the penitentiary, the reform school, and the insane hospital. He expressed the belief that the labor of prisoners should be made available by the state and that steps to this end should be taken at once. He suggested that the granite quarries near Sioux Falls would be a suitable place in which the prisoners could be employed. In this connection he said, "From observation of its practical operation the execu- tive is strengthened in the former conviction that the fixing of the punishment of criminals within the discretionary limits allowed by the statute should be left to a jury rather than to the court. The freeman's right to a trial by his peers is believed to owe its value as much to this principle as to the determination of the question of his guilt. It would seem the peculiar and fitting province of the jury to fix the term of punishment upon the sliding scale which must ever modify judicial sentences. It is believed such verdict is more easily acquiesced in by the criminal, and that punishment is thus rendered uniform and more in accord with the popular living sentiment whose sanction is so necessary to the support of criminal statutes."

In reference to the reform school at Plankinton he said that the institution had been in operation for two years and "It is believed in some instances its inmates have been committed rather as to an orphan or foundling asylum than to a penal reformatory." He asked that an inquiry be made for the purpose of learning just how the institution was conducted in this particular. In speaking of the building there he said "The building was constructed at a reckless expendi- ture and more than one-half of it has been fitted and extravagantly furnished as a home for the management." He recommended that the building should be remod- eled and fitted for a shop-room and for the other necessary accommodations and pursuits of the inmates.

The governor referred in detail to the management of the insane hospital at Yankton. He stated that the institution had been well conducted notwithstanding

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it had received a large increase of inmates in 1889. He said that the inhuman and murderous practices usually or often in vogue in similar institutions elsewhere, should not be countenanced by this state. He asked for an investigation as to whether expenses of these inmates should not be borne in part by the counties where the institutions were situated. He thought the law of transportation regarding inmates should be modified. The officers in charge of such institutions should be sent after the inmates, he stated.

Governor Mellette said that the constitution placed the penitentiary, insane hospital, school for the deaf and dumb, and the reform school under a State Board of Charities and Corrections ; that such board consisted of five members, and that the state was under obligations to pay them for their services. He said, "The wisdom of this single system of management of these institutions is apparent to all who have had experience in such service and ought to result in the saving of many thousands of dollars annually to the state besides being of marked benefits to the public service."

The governor urged a liberal policy toward the railways of the state, the continuance in power of the Board of Railway Commissioners, the appointment of commissioners of insurance, banks and loans and of labor, all to be elected by the votes of the people. He recommended that wages be made the first lien on prop- erty, that penalties for a violation of the prohibition law be enacted, that means for the enforcement of such law be provided, that irrigation be fostered, and that representation in the Legislature be reduced. He urged that the commissioner of immigration should be better provided with funds so as to be more serviceable in his duties, and demanded that all necessary measures to protect the citizen in the free and untrammelled use of the ballot be adopted.

GOVERNORS

Arthur C. Mellette

1889-93

Charles H. Sheldon 1893-97

Andrew E. Lee 1897-01

Charles N. Herreid . 1901-05

Samuel H. Elrod . 1905-07

Coe I. Crawford

1907-09

Robert S. Vessey

. 1909-13

Frank M. Byrne

1913-17

In his message to the Legislature in January, 1891, Gov. A. C. Mellette stated emphatically that the most important question for the consideration of the Legis- lature was the finances of the state. He declared that the financial conditions were embarrassing and that the revenue system could be scarcely worse; that the state should have at once a systematic and efficient code of revenue laws; that such laws should restrict expenditures; that disaster was sure to come unless the revenue laws were revised and codified; that members of the Legislature from counties where there were state institutions, who considered themselves agents of their communities to procure large appropriations for such institutions, should consider whether they wanted a warrant for $1 worth 100c on the market, or a warrant for $200 worth Iooc on the market; that the state must live within its income under the constitution ; that there were outstanding against the state in warrants the sum of $46,000, upon which were endorsed the words "Not paid for want of funds" and bearing 7 per cent interest and being at a discount on

Andrew E. Lee, 1896-1900

Charles N. Herreid, 1900-1904

A. C. Mellette, 1889-1894

Charles H. Sheldon, 1894-1896

SOUTH DAKOTA GOVERNORS

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SOUTH DAKOTA: ITS HISTORY AND ITS PEOPLE

the market; that the state had recently issued $100,000 in bonds to meet current expenses and thereby the state indebtedness had been increased to the maximum allowed by the constitution ; that the state government therefore must retrench or suffer disaster. He further showed that from November 6, 1889, to November 30, 1890, the total state receipts amounted to $500,542.70; that the future receipts were sure to fall short of this amount ; that the sum of over thirty thousand dollars received from the territorial treasury would not be duplicated in the future ; that the receipts of the past were under territorial law which allowed a three-mill tax levy; that under the new state constitution the tax levy was limited to two mills except in extreme emergencies ; that also the railway tax procured under the ter- ritorial law was greatly reduced under the state law; that $100,000 in bonds which were recently issued must also be deducted from the receipts; that there- fore these various reductions amounting to nearly three hundred thousand dollars would leave a deficiency for the coming year of about two hundred and thirty- seven thousand dollars ; that this sum would be reduced by various other receipts, so that the actual deficit would amount to about one hundred and seventy-five thousand dollars. The state assessment at this time was $110,000,000 and the two-mill tax thereon would furnish a revenue of $220,000 if all should be col- lected; besides there were about twenty thousand dollars in fees from the state auditor and other departments so that the total receipts for the fiscal year 1891 would amount to about two hundred and forty-three thousand dollars. The Gov- ernor further proved that the first State Legislature had made specific appropria- tions to the amount of $417,014.24. After various additions and deductions the state expenditures for 1890, the governor said, were found to be $415,452.76 with only $243,000 in receipts. Thus the Legislature must either retrench to the amount of over one hundred and seventy-two thousand dollars, or adopt some other method of carrying the state through the year.

He suggested two important steps that might be taken : (1) All offices as far as possible should be dispensed with, others should be consolidated and the salaries of still others should be reduced; (2) definite expenses for all officers of the state should be fixed so that such limit could not be exceeded except through viola- tions of the law. The governor further said, "Then prune down to the lowest amount consistent with the public welfare the appropriations for the public insti- tutions, closing some of them entirely if necessary. The county might bear the expenses of transportation of the inmates to the penal and charitable institutions or it might pay into the state treasury monthly a fixed sum in part for their main- tenance. The latter is believed to be more equitable, since the expense for trans- portation would be nothing to the county where the institutions are located, but might be burdensome to remote counties. At the same time it is suggested as a temporary expediency that the number of students admitted free to the educational institutions be limited to a certain number from each county to be designated by county authorities, and that additional students be required to pay into the state treasury a tuition fee in part maintenance of the institution or let it be paid by the county of the student."

The governor said that the two-mill levy was designed to cover merely the ordinary expenses of the state and that a liberal construction of the constitution permitted the levy of an additional mill to cover any emergency deficit that might arise. However, he insisted this should not be done unless it was exceed-

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SOUTH DAKOTA: ITS HISTORY AND ITS PEOPLE

ingly important and necessary. He believed that a new constitution would no doubt greatly benefit every state institution, because they were now under far more liberal regulations and were managed by more competent and responsible boards. As a matter of economy he recommended that insurance on public build- ings be dispensed with and that the actual expenses of each institution should be specifically provided by suitable appropriations. He spoke severely against expenditures which were not definitely permitted, and declared that the admin- istrative agents of the state should be held accountable for the enforcement of the law.

In general terms he spoke well of the management of the state institutions. He recommended that the Hospital for the Insane, at Yankton, about which some complaints had been made, should be put in the best possible condition so that it would stand in the front rank of such institutions. The average number of patients was 264 and was rapidly increasing. Superintendent Livingston, against whom certain charges had been made, had been investigated and exonerated by the special committee.

He stated that the penitentiary at Sioux Falls was a model institution of its kind. On December 1, 1890, it had ninety-six inmates, of whom only one was a woman. He recommended that a system of labor should be introduced for the benefit of the prisoners and the remuneration of the state, and suggested the establishment of a knitting plant, but later a binding twine plant was located therein. He believed that the authority given the governor to sell certain peni- tentiary lands should be revoked. In regard to the Deaf Mute School at Sioux Falls, he recommended a reduction in the salaries of several of the officials. He likewise recommended a reduction in the expenses allowed the Reform School at Plankinton, and spoke well of the management of the Soldiers' Home at Hot Springs, which then contained forty inmates. He stated that the fund received by the Agricultural College from the Government would be sufficient except for certain emergency expenses which had been anticipated. The Government allowed the institution $15,000 in 1890 and $16,000 in 1891.

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History of Dakota Territory, volume III, Part 17

Author: Kingsbury, George Washington, 1837-; Smith, George Martin, 1847-1920 Publication date: 1915 Publisher: Chicago, Ill. : S.J. Clarke Publishing Company Number of Pages: 1146

Author: Kingsbury, George Washington, 1837-; Smith, George Martin, 1847-1920
Publication date: 1915
Publisher: Chicago, Ill. : S.J. Clarke Publishing Company
Number of Pages: 1146