History of Dakota Territory, volume III, Part 18

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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In regard to the State University at Vermillion, which had an enrollment of 435 students, he stated that excellent and progressive work had been done, but that the available funds were not sufficient to meet all the requirements of the rising institution. As this institution was wholly dependent upon state appropria- tions and tuitions, he called the attention of the Legislature to the absolute necessity of providing for its actual needs. He recommended the abolishment of the normal department. He spoke well of the Madison Normal School and the Spearfish Normal School, the former having an attendance of about one hun- dred and eighteen. He particularly asked for better care of the Spearfish Normal School, as it was the only public institution for general educational work in the Black Hills region of the state. In regard to the School of Mines, which had eleven males and five female instructors, he recommended that surplus assistants should be dropped and that the "luxuries" such as music, fine arts. etc., should be removed and only the "substantials" retained. He noted that the blind children of the state were cared for at the Iowa State School for the Blind at a cost of about $300 each person per year. This expense included tui- tion, clothing, supplies, etc. The cost to the state in 1890 for its blind patients was $1,051.

Samuel H. Elrod, 1904-1906

Robert S. Vessey, 1908-1912

Coe I. Crawford, 1906-1908

SOUTH DAKOTA GOVERNORS

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In his message of 1891, Governor Mellette specially recommended general supervision of corporations about as follows: (1) One commissioner of rail- roads and warehouses in place of the present board of three; (2) one commis- sioner of insurance and corporations other than for railways and warehouses ; (3) the commissioner of labor and statistics be given the additional duties of immigration commissioner and be required to arbitrate questions of dispute between corporations and their employes. He recommended that each commis- sioner above named be given original jurisdiction in the affairs pertaining to his office, and that enlarged powers be given to the railroad commissioner so that he could have control of charges and especially could have the power to adjust damages for the killing of live stock, the setting of prairie fires, etc. He also requested that the commissioner of other corporations should be specially charged with the duty of assessing banks and other moneyed corporations up to the limit of their just proportion and have control of the strict enforcement of the usury law.

Governor Mellette in his message of January, 1893, said that the three years just passed had shown the wisdom of the demand for the admission of South Dakota to the Union, because the several state departments had been more economically managed than ever before, were under abler and wiser control and the state had accordingly received a better reputation as a place of residence and a field for labor and prosperity. He stated that the ordinary expenses, by means of rigid economy, had been brought within the bounds of the sum provided by the two-mill tax on the assessed valuation of the state without having occasion to resort to the emergency levy provided in the constitution. The collection of revenues was all important though extremely perplexing, he declared. Tax reform was urgently needed. The State Board of Equalization and Assessments had done its best under the circumstances and restrictions, but uniformity of tax as demanded by all could not well be secured under the constitution and the existing laws. The tax on farms could perhaps be well adjusted and equalized, but on the property of cities uniformity was out of the question. He said "The task is more difficult as to city and village real estate, entirely impractical as to stocks and corporative property, while it is an impossibility when directed to merchandise and miscellaneous personalty." He said that the formation of a state board with due authority would be necessary to carry out any measure that would insure uniformity in taxation of municipalities.

The governor noted that the railways of the state covered 2,703 miles and were valued at $8,916,342, or an average of $3,298 per mile. Concerning the railways he said, "A most rigid examination into the affairs of the railroads of the state, shows that since the organization of the state government most divisions have been operated at a loss, so that the fiscal value only could be considered, and upon this they are rated as near as might be on an equality with other property. This condition, however, cannot continue in the present general pros- perity of the state." The state tax on railways had been apportioned and collected without delay or confusion, but the same could not be said of the state tax on telegraph, telephone and express companies, all of which had refused to pay their state taxes for 1891 on the pretense of exorbitant valuation. This was true notwithstanding the fact that the entire valuation of the Western Union Tele-

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graph property in the state was only $223,620, on which it was earning at the time a handsome dividend.

The governor stated that payments of the three funding warrants of $53,000 each and interest, which had been assumed by South Dakota in its settlement with North Dakota, were finally accomplished after much difficulty. The entire bonded debt of the state June 30, 1892, was $1,040,200. Of this debt the state treasurer had succeeded in refunding at a lower rate of interest $92,500. "I renew my recommendation to the first and second legislatures that every territorial and state statute providing for the expenditure of public money be formally repeated, except such items as are included in the general appropriation bill so that the state officials may know beyond question, the amount to be by each expended." He further stated that it was the duty of the Legislature under the constitution to appropriate by specific enactment the public money to be expended for the benefit of the state. He said, "A reference to these acts will show that they involve the payment annually of from $100,000 to $280,000 by the state which the legislatures have failed to take into account of public expenditure and for which they make no provisions. Besides the legality of such expenditure in many cases cited which have not been adjudicated by the Supreme Court, is left in doubt and subject to the construction of some state official. Much embar- rassment during the past year has resulted from the failure of the former legis- latures to do their duty by either repealing specifically these statutes or appropriat- ing funds to meet their requirements. The present executive has resisted the payment of all claims against the state since its organization where a specific appropriation has not been made therefore by the State Legislature." The governor observed that the growth of the commonwealth was shown by the large number of domestic corporations, 675 of which had been created and of these about two hundred were for charitable and benevolent purposes. He said that the attorney-general had been called in consultation in an attempt to divert and checkmake certain movements that were intended to rob the state of its school lands. He notes that the reports of the state superintendent showed that in 1892 there were 87,317 persons of school age in the state and that the average enrollment was 73,962 for the past two years; that the average number of teachers employed was 4,298, the total wages paid $1,381,481 and that there were 3,253 school buildings of all kinds. The governor noted particularly that 599,360 acres had been granted by the government as an endowment fund for the edu- cational institutions of the state, and that of this acreage 474,671 had already been selected.

In regard to the state institutions, the governor spoke at considerable length and with considerable criticism and feeling. The report of the regents of education showed that the educational institutions were in prosperous condition. The governor stated that he did not believe it wise to expand these institutions unduly until the common schools should have been brought up to a higher standard in order to become feeders of the higher institution of learning. He said that there had been much confusion, ill-will and annoyance in the management of these institutions due to the unfortunate conflict of authority and resulting antag- onism between the state regents and the local trustees. He asked that the jurisdic- tion of each board be definitely defined by an act of the Legislature. He spoke of the troubles at the State University and of the hard and conscientious work

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that had been performed there by the faculty to bring the institution up to the standard of other state universities.

The governor referred somewhat in detail to the management of the peniten- tiary, the reform school and the asylums and delineated with excellent effect what had been accomplished by these institutions. He spoke well of the exacting work that had been done by the public examiner in the financial institutions of the state. Also, he warmly commended the work of the state oil inspector, labor commissioner, board of health, pharmacy board and dental board. He gave statistics to prove that there had been a wonderful advance in the mining industry of the state.

The governor said that the railways of South Dakota showed great progress in equipment and efficiency, the total earnings in 1891 and 1892 being $8,494,831.94 and the expenses of maintenance and operation, $512,448.78. He noted that often the railways were taxed to their utmost and then could not meet the requirements at crop moving times. The railway commissioners could not prevent this block- ade. The governor said that the railroad board was little more than an advisory board under the law. However, the railways showed a disposition to comply as far as practicable with the requests of the board and to do their utmost to meet requirements at critical times. At this time H. J. Rice was president of the Board of Railway Commissioners and had occupied that important position since the organization of the state. The governor again urged that there should be but one railway commissioner and that such officer, the public examiner, and the attorney-general, should be constituted an appellate board to consider and adjust important railway problems.

In January, 1893, Governor Sheldon assumed the duties of chief executive. In his message to the Legislature he spoke particularly of the rapid settlement of the state, the vast production of grain, the immense herds of live stock and the phenomenal development of every industry. He recommended an adequate appropriation for a state exhibit at the World's Fair, and further asked that the citizens who had advanced money for the construction of the World's Fair build- ing should be reimbursed by the Legislature for their outlays.

He said, "A large amount of land granted us by the Government for state and educational purposes, still remains unselected for want of means to defray the expenses of its selection and certification. Wisdom would seem to indicate that these lands should be secured as speedily as possible, because our most valuable land is taken by settlers under our homestead law. An appropriation for this purpose will be asked by the state, and it is believed a reasonable amount should be granted." He stated that Congress had given South Dakota one section of land in the Sisseton military reservation, together with the fort buildings thereon, all to be used by the state for military purposes, but to revert to the Government if not so used. He urged that action should be taken to save this property to the state. He recommended that the oil inspection law both as to kerosene and gasolene be revised and that the duties and power of the oil inspector should be increased. He further asked for the inspection of steam boilers, owing to the fact that numerous deaths had been caused by the explosion of steam boilers connected with threshing machines.

He noted that there was much complaint throughout the state over the dis- crimination in freight rates shown by the railways. He did not believe in an

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indiscriminate war on railways, because he realized their value and importance to the state. They were among the pioneers of the inhabitants. On the other hand the railroads could do nothing without the people, were valueless without their aid and support and should not be permitted to become their masters. He therefore urged that unfair and unwise discrimination by the roads should be prevented and that they in turn should be treated with fairness and justice. He noted that there were many serious objections to taking the office of railway commissioner into politics. It meant that the railways themselves would thus be forced into political strife in South Dakota with the resulting injurious con- sequences. He expressed the belief that the governor should be authorized to appoint the railway commissioners.

He further noted the prosperous condition of the various state institutions. Their importance, he declared, was admitted, and their usefulness should not be infringed. They were entitled to have suitable appropriations, but should not be permitted to become one-sided or inefficient in management nor indiscriminate and reckless in the use of public funds. He observed that the Soldiers' Home had already proved its value and success and declared that it was not a charity but a duty which the Government and the state owed to the old soldiers and to a grateful and appreciating public.

The message of Governor Sheldon to the Legislature in January, 1895, dealt elaborately on the problem of revenue. The newspapers of the state had per- sistently demanded immediate reform in this regard, and the governor now stated it was the duty of the Legislature to meet the wishes of the voters. He noted particularly that the scanty revenue was insufficient to maintain properly the institutions of the state and particularly those founded for penal and chari- table purposes. At this session, after transmitting his message to the Legislature, he sent a hurried correction or amendment to that body the next day, owing to the fact that he had spoken well of the administration of State Treasurer Taylor, who had just been pronounced a defaulter. He stated that when the message was written he believed his statement to be true, but that recent developments convinced him otherwise. The next day Kirk G. Phillips, the incoming treasurer, presented a statement showing that Taylor was short $367,023.84. The Legisla- ture on receiving this information offered a reward of $2,000 for his apprehen- sion. After due investigation at Pierre one of the marvels of the defalcation was the apparent fact that Taylor had succeeded in keeping his shortage from. the knowledge of the other state officials.

Under the laws of the state, the governor had power to appoint certain other officials whenever in his judgment it seemed to the interest of the state to do so. Governor Sheldon therefore, for what he believed to be sufficient cause, removed President Shannon from the State Board of Regents upon the charge of misap- propriating state funds, which accusation Mr. Shannon promptly denied. Soon thereafter Governor Sheldon appointed Dr. J. J. Collier of Brookings to the place occupied by Mr. Shannon. He likewise prepared to remove Regents Hale and Finnerud, both of whom were enjoined from acting as state regents. The matter thereupon passed into the jurisdiction of the courts. Governor Sheldon held that Shannon had caused to be drawn to himself a voucher of $150 from the experiment fund of the Agricultural College for services rendered, which act was forbidden by the statute. There was grievous trouble at the same time

FRANK M. BYRNE Present Governor of South Dakota

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between Mr. Shannon and President McLouth over the forced resignation of the latter. The State Supreme Court enjoined Mr. Shannon from acting as regent, and about the same time the same court enjoined Governor Sheldon from removing others of the regents; but the governor refused to be bound by the decision of the Circuit Court against him and was accordingly brought before the tribunal on the charge of contempt. Judge Campbell issued restraining orders against all members of the board of regents until they had had time to pass on the Sheldon-Shannon imbroglio. In August the case was argued in the Supreme Court. Early in May, 1896, the Supreme Court sustained the act of the board of regents in making removals from the faculty of the Agricultural College. This act apparently sustained Governor Sheldon in filling vacancies that had occurred on the board of regents.

As a consequence of his experience, Governor Sheldon, upon retiring from office in January, 1897, recommended that the chief executive of the state should be given greater power for the removal of officers who had been appointed by himself. As it was the governor, he said, was a mere figurehead. He was unable to remove an officer appointed by himself no matter how urgent or imperative the cause. "Without such power how could a governor see that such officials appointed by himself were honest or carried out the laws?" he asked.

In his first message to the Legislature in January, 1897, Governor Lee recom- mended the enactment of the Iowa railway law; legislation to regulate the liquor traffic ; the separation of school institutions from politics; improved registration and better election laws; improvement of arid school lands so that they could be sold; improvement of the oil inspection law, and improved revenue laws. He said among other things that he had been elected to the office from the ranks of the plain people who hoped and expected he would give them a practical business administration, therefore he was determined to conduct his administration along that line. He brought with him, he said, no practical training in statecraft, but depended upon the Legislature to help him put in operation the reforms which the party that had elected them had demanded both during the campaign and at this session of the Legislature. The people wanted wholesome laws that would promote the common welfare. Although elected by partisans they must now represent the whole state and not a partisan faction, he declared. One of the most important problems was that of economy, but it should not be carried to the point of detriment to the public service. He suggested that all state officials should save time as well as money and thus serve the state in both particulars. He urged the Legislature to do work at the commencement of the session and not to wait until near the close and then be obliged to kill many meritorious bills or put on the party club in order to force them through the assembly. He insisted that the appropriation bill should be reported not later than the thirty- fifth day of the session in order that due deliberation on the appropriation for every object or institution might have due consideration. He said: "We have no right to waste the people's time or draw public money for services not ren- dered, and if by conscientious and arduous labors we can shorten the session and save expense to the state, we can do nothing that will be more thoroughly approved by our constituents." He appealed to his party members of the Legis- lature who were in the majority not to disappoint the constituents who had trusted them by placing them in power. Vol. III-9

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The governor then took up the different topics which he considered of greatest importance. He advised that a statute regulating railroad freight and passenger tariffs should be passed. He pointed out that the majority of the Legislature and state administration stood pledged to the people . under the Huron platform to enact the Wheeler bill, which was a substantial copy of the Iowa railway law. This law, the governor maintained, had withstood all the assaults of the railways in the courts of that state. "It was matured long before and finally introduced at a session of the Fourth General Assembly, and after a terrific struggle was defeated by the pernicious corporation which had infested the capitol at every session of the Legislature since the organization of the state. The necessity for the enactment of a law governing the railroad carrying traffic had been painfully apparent for many years and the people have been frequently promised the relief they sought, but up to the present time the promises made have been ruthlessly broken and the lobby which has controlled party caucuses, and conventions, dictating nominations and appointments, has insolently defied public demands and successfully defeated every effort to overthrow its domina- tion. This lobby cannot flourish unless it finds public servants that can be fooled or bribed." He urged the immediate passage of the measure before the lobby could have time to offer any serious obstacles or opposition. He spoke partic- ularly of the discrimination practiced by the railroads 'against the people in the different portions of the state. Farmers were unjustly and seriously discrim- inated against, the railway charges to market on freight being almost twice as much to some portions of the state as to others. In the same way the cities and towns were discriminated against. He cited instances where there was a vast difference in the cost of marketing corn from different parts in the state. In this connection he said, "Rates on corn from all points in the central part of the state are greater per bushel than the first cost of the corn in the southern part of the state. This entirely prohibits internal commerce and forces the shipment of corn to the Chicago market. The demand for the passage of this law is there- fore legitimate fruit of railroad abuses." He also noted the vast difference in coal rates to different parts of the state. He cited as instance that the rate to Sioux City from the nearest coal mine, a distance of about four hundred and thirty miles, was $1.76 a ton and to Vermillion, only thirty-three miles further on, was $2.30 a ton. Rates for passenger service were equally bad, according to the governor. While such rates should be the same as in Iowa and Minnesota, they were proportionately much higher. The people had submitted for a long time out of consideration for railroad companies to whom the state owed so much, but now patience, he declared, had ceased to be a virtue. Nothing unreasonable was asked of the railroads, but he insisted that they should share the reversions as well as the prosperity which attended the people in their endeavors to build up the state. He did not want the railroads to operate at a loss, "but we do insist that they shall discontinue the practice of assessing against their customers rates which will yield profits over and above operating expenses on millions of dollars of watered stock." He was not hostile to the railroads, but wanted justice extended to all the people.

He called particular attention to the needs of the higher educational institu- tions. He stated that they should be such as all citizens would be proud to sustain. He believed "their usefulness has been impaired and their good name well nigh

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ruined by the scandals which have grown out of their mismanagement." How- ever the governor did not specify in what respect the institutions had been mis- managed. The fact was they had been well managed, but had been torn to frag- ments by the personal rivalries and ambitions of those having them in charge. He asked that all such institutions should be permanently divorced from politics. He further intimated that sectarianism had probably crept into several of these institutions and had done more or less damage. He urged that sectarianism should be rigidly excluded from the state institutions by the board of regents. He expressed the belief that the board should be elected by the people and not be appointed by the governor as it gave the latter too much power. He said, "There is no disposition, so far as I know, to disrupt or disorganize any of these institutions, but there is urgent necessity for their reorganization upon a basis of greater usefulness and broader culture. The appropriations for these institu- tions should be liberal, but not extravagant. The time has come when no more institutions should be created simply for jobbing purposes or to tickle ambitious localities, but those we have should be decently maintained."

He stated that in his opinion the schools of the state generally should be made more useful to the people who maintained them. He spoke in severe terms against the school book trust which seemed to have absolute control of the books used by the schools of this state, and in this connection said that such organization had maintained a lobby at every Legislature to control the school book supply and management. He thought the state should publish its own books.

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History of Dakota Territory, volume III, Part 18

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