History of Dakota Territory, volume III, Part 20

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

USA > South Dakota > History of Dakota Territory, volume III > Part 20

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

The message of Governor Herreid to the Legislature of 1901 was pronounced by the press to be a strong document. "It has the twentieth century ring, and there is not a despondent or discordant note in the whole composition," said a republican newspaper. One of the first subjects considered by him was that the election of 1900 revealed a grave defect in the election laws which should be at once remedied by the Legislature. "Experience has demonstrated that a ballot law which permits the name of a candidate to appear on the ballot more than once for the same office leads to confusion and fraud," he observed, and there- fore recommended that this defect should be promptly corrected.

He advised the Legislature to sustain liberally the state educational system and expressed the opinion that the number of members of the board of regents should be increased from five to seven and that the board should be given the services of a secretary.

He said that South Dakota had for years been famous as a great wheat pro- ducer, and that now the state was known far and wide as a great live stock and dairy producer. He insisted that the tide of immigration should be directed to the undeveloped fertile lands of the state, and that the office of commissioner of immigration should be re-established. He further advised liberal appropria- tions and support of farmers' institutes.

He said that South Dakota had developed astonishingly in mineral wealth and that its mine products of the future were established and certain without doubt or question. He noted that Prof. J. E. Todd, of the state university, had prepared a scholarly and valuable report on certain phases of state geology ; had done so on an exceedingly small appropriation; and had been at great expense. It was proper that he should be suitably recompensed.

He declared that the present insane and chaotic condition of the statutes relative to the powers of the executive in removing his own appointees caused him to earnestly insist that this Legislature "should take some action upon the subject. As the law is at present, there is no doubt that some appointees may be removed at the pleasure of the executive and as little doubt that others cannot be, while as to the large majority of such appointees the law is ambiguous and uncer- tain. Since the executive, as is ever the case, is charged with the acts of his appointees, his power to remove them should not be uncertain and he should be given complete and absolute power over his subordinates to remove them at pleas- ure should he deem their actions derogatory to his administration." He there- fore, unhesitatingly and courteously requested the Legislature to give him such power.

He remarked that the live stock industry of the state was assuming gigantic proportions and that the present laws did not suitably protect and care for this

139

SOUTH DAKOTA: ITS HISTORY AND ITS PEOPLE

class of property. He recommended that the state veterinary surgeon should be paid an adequate and liberal salary, should be given authority to establish quarantine to prevent the spread of animal diseases, and should be empowered to investigate and study the subject in order to prevent animal diseases from secur- ing a foothold and from spreading over the state. He noted that the state fair had become a valued and established state institution, and that its wise manage- ment and proper conduct, its usefulness and powers should be studied and devel- oped by the Legislature.

The governor said that in 1899 the Legislature had prudently enacted a pure food law, but that it had remained inoperative because there was no provision made to put it in operation. He recommended the creation of the office of dairy and food commissioner with full power to investigate those subjects from the standpoint of health and success.

He favored a new legislative apportionment and said that one of the duties of this Legislature was to abrogate the partisan inequality existing in the state under present district limits. He questioned whether the state should make an appropriation for an exhibit at the Pan-American Exposition, but spoke favor- ably of an appropriation for the Louisiana Purchase Exposition.

In regard to the soldier's home the governor promised to see that the insti- tution should be well managed, and he asked that necessary appropriations be made in order that the inmates whom the state and nation admired, respected and revered, and to whom they owed so much, could be properly cared for. He expressed the wish that the Legislature after mature deliberation would select the right man for United States senator, and promised that as governor he would obey the mandate of the people who had placed him in this responsible and honorable position. He noted that the people during the campaign and in the platforms had indicated what they wanted him to do and he promised faith- fully to carry out their wishes to the best of his ability. At this time he recom- mended the establishment of a state historical society and hoped that an ample appropriation therefor would be made.

In his message to the Legislature in January, 1903, Gov. C. N. Herreid called attention to many important wants throughout the state. He noted the deaths of three prominent citizens, James H. Kyle, John L. Pyle and Frank J. Washabaugh. He called particular attention to the wonderful prosperity that had come to the state within the past two or three years. Never before had South Dakota advanced so rapidly along every avenue of prosperity. Two years previously the state administration had been changed in political com- plexion by the will of the people who had placed the republicans again in power, and he ascribed much of the unexampled prosperity to the proper management of state institutions under this change of government. He observed that he had filled numerous vacancies with men well qualified to carry on the official duties of the state. He said, "Impressed with the belief that the affairs of the state should be managed according to the rules of business recognized by managers of great and successful organizations, my first efforts to apply these convic- tions came in the selection of men to fill the various responsible positions in the service of the state. I soon found that my ideals of good government were not easily put into practice. Whenever I have believed that the public service could be made better I have ignored applications for appointments and even the recom-

140

SOUTH DAKOTA: ITS HISTORY AND ITS PEOPLE

mendations of my best friends in order to carry out my convictions of duty. Generally speaking, the offices have been seeking the men. Sometimes it has required a personal appeal to their sense of duty as good citizens to assume definite official burdens which to them meant neither honor nor reward. I have constantly endeavored to enforce the doctrine that the offices were not created for the benefit of any individual or class of individuals, that with each position there were certain peculiar duties and responsibilities and that whenever any official fails to measure up to the requirements of the position he must step out willingly, if possible, but if not, then expeditiously by order of the appointing power. The act of the Legislature of 1901 giving the governor power to uncere- moniously remove officials is a most important step toward good government."

In his message the governor entered into details concerning the financial affairs of the state. He announced that the bonded debt during the fiscal year ending June, 1902, had been reduced $185,000. Of this sum only $35,000 was matured, all the remainder being paid before maturity and in this way the state had been saved in interest alone about $43,000. During the previous five years the bonded debt had been reduced $710,700 by a small, almost imperceptible, tax levy, thereby reducing the annual interest from $59,000 to $10,000. The remaining bonded indebtedness was $427,500. There was also outstanding in revenue warrants $150,000, bearing 414 per cent interest and falling due April 1, 1903. They had been issued May 1, 1902, in accordance with the law of 1895, and in accordance with the practice that had been established during nearly all former administra- tions. The governor showed that the issue of the revenue warrants was made necessary by the large appropriations of the Legislature of 1901. He said, "The Legislature which convened January 8, 1891, was confronted with a variety of deficiencies and claims against the state created by the various boards that have been administering the affairs of the state." In all there were seventeen of such claims aggregating a total of $68,386.08. In addition the Legislature had seen fit to appropriate $180,790 for new buildings and other permanent improvements of the state institutions. All of this combined made a total deficiency of $258,- 356.08. As the state had greatly increased in importance and magnitude and as its institutions and offices had all widened greatly in their duties and. functions, there was now, the governor said, a much larger demand than even before for more money to pay the expenses of all state departments. It had been found necessary to put on many additional clerks and to widen the sphere of operations of all state institutions, all of which had increased the expenses and exhausted the available funds. It was therefore incumbent upon this Legislature to make liberal appropriations to meet the altered and enlarged conditions. The gov- ernor said: "These expenditures exhausted the funds in the treasury available for current expenses and produced the anomalous condition of warrants 'not paid for want of funds' and drawing interest while the cash on hand in the state treasury December 30, 1902, was $727,248.81. This unfortunate state of affairs has been caused by legislative appropriations in excess of the revenues of the state and by failure to enact legislation, that will enable the safe investment of the accumulating school funds. During the last few years the state has lost thousands of dollars in interest paid on revenue warrants and registered war- rants and a vastly larger sum by accumulating funds lying idle in the treasury. Your attention is directed to this extraordinary expenditure aggregating more

141

SOUTH DAKOTA: ITS HISTORY AND ITS PEOPLE

than two hundred and fifty thousand dollars. This sum is so much in excess of the revenue of the state that the difference between the expenditures and the revenues will continue during the present biennial period, as appears from the report of the state auditor. From the estimate of the auditor it will appear that the inherited deficiencies will be carried forward and that it will require another deficiency levy to pay current expenses and balance the extraordinary appropri- ations of two years ago. The officials charged with the financial affairs of the state are helpless to effect a remedy. The appropriations are made by the Legis- lature, the revenues of the state are limited, but the power of the Legislature to pass appropriation bills for lawful purposes is unlimited."

The governor stated that the permanent school fund on June 30, 1902, was $4,084,566.59, of which amount $538,511.06 was idle in the treasury. The schools had thus lost $16,000 in interest in one year. The school land commis- sioner stated that the school fund would undoubtedly reach $31,000,000 in the end if all the rest of the school land brought only $14.60 average per acre, as it had brought thus far. What to do with this large trust fund was the most impor- tant question of the day. The governor advised that it be invested at the best rate practicable consistent with absolute security. The Legislature should care- fully consider the question and provide how this should be accomplished. He remarked that the state treasurer's bond of $250,000 was not high enough, because quite often the total amount in his possession was from two to three times as large. The condition of the treasury at this time is shown by the follow- ing figures :

Cash on hand July 1, 1900.

$ 555,701.37

Receipts for year ending June 30, 1901 1,738,587.24

Total June 30, 190I. $2,294,288.61

Cash on hand July 1, 1901.

$ 764,888.46

Receipts for year ending June 30, 1902. 2,174,257.47

Total June 30, 1902. $2,939,145.93

Cash on hand July 1, 1902. 840,525.40

"On June 18, 1902," said the governor, "the cash in the treasury was $1,103,- 710.58." For these reasons he urged that the treasurer's bond should be increased. He did not believe that the usual surety or guaranty bond was free from objections, though good in many respects. In case of a general panic such surety company might fail, in which case the bond would be worthless. On the other hand, a bond with from 50 to 100 good local or state names would be certainly reliable and sufficient.

Concerning the inspection of illuminating oils the governor in 1903 said. "I am informed by the oil inspector that he has been continually deceived, ham- pered and annoyed by representatives of oil companies who evade the existing laws with impunity." He therefore recommended that the oil inspector be called before the Legislature to give all information possible in order that the laws might be effective and suitable.

The governor said that the attorney-general was at this time investigating the subject of requiring fraternal societies of all kinds to pay tax; recommended

142

SOUTH DAKOTA: ITS HISTORY AND ITS PEOPLE

an appropriation for the state geologist who recently had made important dis- coveries concerning the artesian water supply, but had not been paid commen- surate with his services; noted that the report of the state veterinary surgeon showed that great progress had been made in controlling all stock diseases in South Dakota; said that the report of the state mine inspector, Thomas Gregory, showed that enormous advances had been made in the mining industry of South Dakota.

The governor commended the report of the state board of embalmers; said that the report of the state engineer of irrigation showed that great changes had taken place in the problem of irrigation in South Dakota and that great advances had already been made; announced that the reports of all state institutions showed that all state buildings had suffered great decay, that many were old and dilapi- dated, and he therefore asked for an appropriation of $30,000 to make repairs on these buildings; observed that the project for good roads throughout the state had made a notable advance within a few years; said that good roads like good streets made good homes and economized time, saved money and reduced wear and tear of vehicles and horses; suggested that the old custom of working out the poll tax be repealed and that the road officer having the responsibility of good roads on his shoulders should be appointed; asked for the enforcement of the game law, said that pot hunters should be abolished wholly, insisted that all hunting out of season should be adequately punished, and asked that the transportation of game out of the state be prohibited.

The governor said that the board of pharmacy should be divorced from the pharmaceutical association and that such association should not be allowed to dictate bondsmen, nor redistrict the state, nor fix annual license fees, nor foist upon the board a secretary and treasurer, nor pay the salary and traveling expenses of its officers out of the funds belonging to the state treasury. He declared that the Legislature should determine whether the time had come to repeal the free range law; also when the time should come that the 750,000 acres in the free range could be made a source of revenue to the school and endowment funds. He made several recommendations concerning aid to the state fair and concerning the expense incurred by state officers in going to San Francisco to formally name the battleship South Dakota.

Every governor of South Dakota, from Mellette down to Herreid, had urgently asked the Legislature for power to remove their appointees, but all had been denied this authority. Governors Sheldon and Lee demanded this power for a specific purpose, while Governor Herreid demanded it on general principles, with the expectation no doubt that he might have urgent need for its use. The election of a certain man to the governorship is undoubtedly preceded by the opinion among the people that certain measures should be carried into effect, and that such official should have sufficient power to enable him to carry out the policy and principles which served as the basis of his election. Often political principles were at stake. Sometimes economic principles cut the greatest figure. More than once in the history of South Dakota the management of the state institutions was more important than any other problem, and yet for reasons not altogether clear, or for none at all, the Legislature had refused thus far to grant such power to the state executive. Governor Sheldon had urgent need for such power when he attempted to remove Regent Shannon from the state

143

SOUTH DAKOTA: ITS HISTORY AND ITS PEOPLE

board, but in this case there were equal chances that Shannon was right and Governor Sheldon was wrong. Perhaps it was right that this prerogative was too sweeping and drastic to be given the governor. Governor Lee unhesitatingly dismissed every appointee who proved unfaithful to his trust. However, many believed that in his zeal for upright official conduct he carried matters to an unwarranted extreme. It was no secret that Regent Spafford and Regent Blair did not in some way measure up to the requirements of Governor Lee. More than one newspaper declared that the inability of the governor to remove these men was the bar of salvation between the state institutions and a political revo- lution. With such power it was seen that the governor if so disposed might become domineering, autocratic and might make the executive office one that was offensive and crushing to the management of various state departments. A governor controlled by malice or consumed with political ambition could nullify the power of every state board and arrogate to himself control of the board of charities, board of regents, superintendent of the reform school, superintendent of the insane asylum, warden of the penitentiary, and president and faculty to every state educational institution. On the other hand, a prudent, wise and honest governor could and should carry into effect the policy and principles of the dominant party if he were given such power. Thus it was regarded as a matter of honest opinion based upon personal judgment, whether such power should be granted to the state executive.

Governor Elrod said in 1905 that the natural tendency of things was for much property to escape taxation and as real estate was the most tangible and accessible it was compelled to bear the greatest burden of taxation. Thus the homes which should carry the lightest burden were compelled to bear the heav- iest. If anything escaped taxation, he declared, it should be the homes of the people. At the present time about 75 per cent. of the tax was paid on other than personal property. This condition should be rigorously changed by neces- sary legislation. Money lenders concealed their cash, bonds and mortgages and escaped investigation while real estate and homes sustained the cities, the schools and the state. The state wanted and must have revenue. The people wanted equitable assessment and taxation. It was therefore the duty of the Legislature to meet this requirement without delay, evasion or equivocation.

The governor remarked that this Legislature was probably the ablest in per- sonnel of any that had yet assembled in the state. "You will fail in your duty if you do not remedy some of the gross inequalities in the present tax laws. Let us put aside politics, schemes and combines for larger appropriations and each and every one aid the clearest and wisest heads in bringing forth an impor- tant tax code, one that will be fairer and more equitable to our people and one that will put up the tax on much property that now escapes taxation. * Candidly and seriously, the most important question before the Legislature is the problem of taxation, and if this Legislature does not do its duty it will be the most important question for the next and each succeeding Legislature until it is rightfully settled. South Dakota is behind the times in handling taxation problems."

He noted that the telegraph and telephone charges throughout the state were unjustly high and burdensome and needed suitable regulation. He further said that the time had come to lower the rate of interest. "It is a shame that any

144

SOUTH DAKOTA: ITS HISTORY AND ITS PEOPLE

citizen can be required to pay such a rate. It is not fair to borrower, neither is it consistent with sound banking principles."

Inasmuch as the people had recently voted to amend the law relating to the loaning of the permanent school funds, he believed that the Legislature should provide the method of determining the amount of such fund which should be invested from time to time, but that great care should be used.

He observed that cattle mange had appeared in several places in the state and suggested that steps to check the disease should be taken at once. He recom- mended that each township be required to construct a dipping plant when directed to do so by the county board, such plant to be under control of township super- visors, and each township to bear the expense of construction. As the national Government was making strenuous efforts to stamp out this disease, this state, he declared, should not hesitate to help the movement.

The governor recommended the construction at the earliest practicable date of a twine plant at the penitentiary for the following reasons: (I) Useful em- ployment for the inmates; (2) reduction of the cost of twine to the farmers; (3) if well managed such a plant would place a profit in the state treasury. Therefore, concluded the governor, if the revenue of the state warrants it, an appropriation for this purpose should be made. He asked the Legislature to establish the parole system and provide for the indeterminate sentence of con- victs. He also asked that a chaplain be permanently provided for the peniten- tiary, and said that a kind word from a good man at the right time could not be overestimated in its excellent effect upon convicts-that the penitentiary should be governed largely by kindness.

He said that the main building of the soldier's home needed repairs and recommended that a reasonable appropriation be made to give the old soldiers proper housing and care, both of which seemed lacking. He noted that Gen. S. J. Conklin had asked for $70,000 for the national guard, but he expressed the belief that half this sum would be sufficient. A little later when the Legislature granted the $35,000 appropriation asked by Governor Elrod for the national guard, General Conklin resigned his position.

The governor noted that South Dakota was emphatically an agricultural state and that therefore the state board of agriculture should by all means be provided with sufficient means to take suitable care of the agricultural interests. The Legislature should provide for holding farmers' institutes under the super- vision and direction of the agricultural college. He said. "Every state in the Union save South Dakota and Arkansas provides for these institutes. Our people are prone to do too much poor farming and plant too much poor seed. If the institutes did nothing but instruct our farmers how to select seed corn, we would in five years' time double our corn crop in quantity and quality." Con- cerning the primary law and its effects when put into operation, the governor said: "With our appropriations exceeding our revenues and with no safe or adequate capitol building, we do not think it advisable for the state to go into the experiment business. If once such a law is enacted at least 90 per cent of all offices will be filled by men who live in towns and cities and it will be only a question of time until the rural districts would be unrepresented." This was the opinion of many citizens at this date. He declared that a primary law would be expensive and unfair, would raise taxation, would place the unworthy rich

STATE CAPITOL, PIERRE

145

SOUTH DAKOTA: ITS HISTORY AND ITS PEOPLE

man in office and leave the struggling poor man no part in carrying on the impor- tant affairs of the state. He believed that a good caucus law would answer every purpose. The governor observed that the time had come for the construc- . tion of a suitable capitol building and recommended that plans for a structure to cost $500,000 should now be adopted and a reasonable appropriation be made by this Legislature with which to commence its construction. He said, "For the purpose of defraying extraordinary expenses and making public improvements, or to meet casual deficits or failures in revenue, the state may contract debts ncver to exceed, with previous debts, in the aggregate $100,000, and no greater indebtedness shall be incurred for the purpose of repelling invasion." He recom- mended that one wing of the capitol building be constructed in 1905, and noted that if the present frame temporary capitol building should be burned the invalu- able Supreme Court library and all state files and records, which neither time nor money could ever replace, would be totally destroyed.

Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.

History of Dakota Territory, volume III, Part 20

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