History of Dakota Territory, volume III, Part 21

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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The governor expressed the emphatic belief that the salary of the attorney- 'general was miserably low and wholly inadequate to meet the dignity and require- ments of that important and responsible office and that it should at once be increased to a suitable amount.

He stated that the regulation of railroads was a question of vast importance not to this state alone but to the whole country ; that the railroad rate bill pending in Congress was one indication of what would likely happen soon in every state of the Union and that South Dakota should not be behind the others in effecting such regulations. He said, "Railroads are public servants and should serve the people well and reasonably. They should be managed with due regard to the interests of the people. The state should treat them fairly and they in return should respect the rights and wishes of the people. If existing laws were not adequate to protect the rights of the people, laws that are such should be enacted."

He recommended economy in all transactions of the Legislature. He talked at considerable length about assessment and taxation, became humorous and sar- castic concerning the state's weaknesses in these particulars, dwelt on the won- derful progress made by the state during the past four years and made the following boasts: (1) Splendid educational institutions ; (2) normal certificates for teachers; (3) state aid to high schools; (4) management of state school and public lands; (5) effective work of the public examiner; (6) probability of the early commencement of a new state house.

By 1905 the state fair had become an institution of great advertising value to the state and the governor thereupon, for that reason alone, if no other, rec- ommended a liberal appropriation for its maintenance and expansion. He called the attention of the pure food commissioner to the frightful adulterations of nearly every article of food disposed of within the state limits, but noted the excellent work that was being done by the commissioner to end this alarming state of affairs. In March, 1905, a meeting of the county auditors and the board of equalization at Pierre was glowingly and exultantly pronounced by the news- papers a grand success. Every feature of their work was discussed, analyzed, compared and extolled. New rules generally were agreed upon, made uniform and accepted cheerfully by the county auditors present. Vol. III-10

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After 1905 South Dakota was no longer a crestfallen and a borrowing state. The farmers generally had paid off their mortgages, had large sums of money to invest or loan and all had available and swollen bank accounts. From 1897 to 1905 inclusive, the statistics of the state showed a marvelous increase of wealth in every department of industry. The appropriations of the Legislature in 1905 for the biennial period amounted to $1,702,354, including railways, express com- panies, etc. This was more than $210,000 less than it had been two years before. The general appropriation bill of 1905 amounted to $1,347,310.

The law of March, 1905, provided for an annual joint meeting of the county auditors and the board of equalization to consider the questions and problems of assessment and taxation and provide for the employment of tax ferrets by county boards. In 1905 both Governor Herreid, the retiring executive, and Governor Elrod, executive-elect, gave revenue and taxation the first consideration in their messages to the Legislature. This showed how important, even momentous, the question had grown in South Dakota. The inevitable climax of improvement was swiftly approaching. Reform and advancement in taxation was now demanded ' with such emphasis that the legislators could barely hold out against odds. In 1905 the state valuation of property of all kinds was $199,326,081.

In 1905 Mrs. Mellette won her legal fight to retain possession of her home- stead property in Watertown. This case had vexed the courts for many years, for sentimental reasons mainly, but at last was settled in her favor. Governor Mellette had been on Taylor's bond to the amount of $50,000. Upon his defalca- tion the governor loyally and squarely turned over to the authorities all his prop- erty, including the homestead. It was now generally demanded by the citizens and was so held by the courts, that this homestead of the Mellette family should be exempt from this unfortunate obligation.

The governor recommended that the railroad commissioners should be au- thorized by law to employ experts to ascertain the actual value of all railway property in the state, with the following two principal objects in view: (1) In order to make such valuations the basis of freight and passenger rate schedules ; (2) in order to learn the actual value of railway property so that the state board of equalization could make correct, adequate and just assessments. In this con- nection he said, "I earnestly recommend this subject to you as one of the greatest that demands effective legislation at your hands."

In January, 1907, Governor Elrod in his message to the Legislature made numerous requests, suggestions and recommendations. He asked for an anti- pass law, for an immigration commissioner, and for a new primary law; dwelt on the rapidly increasing importance of improving the common schools and the high schools ; noted the excellent condition of the state penal and charitable insti- tutions; estimated the expense of the state militia for two years at $30,000; showed that the condition of the soldiers' home was satisfactory and never bet- ter; asked for a permanent memorial in honor of Governor Mellette; advised a heavy appropriation for the new state capitol; explained the fallacy of agitating the question of withdrawing school lands from sale by noting that if the lands were handled as wisely in the future as they had been in the past it would require 307 years to sell what remained; called the attention of the Legislature to the importance and wisdom of revising the revenue law; asked for an adequate appropriation for the state fair ; suggested that the state should aid in the rapid

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and specific development of the forestry industry; pointed out the surprising expansion of the corn growing area and the improvement in the quality and value of the corn itself; asked for a more prudent and stringent game law; insisted that the state should at least help to construct better roads ; recommended that the rate of interest be reduced from 12 per cent to 10 per cent ; and asserted that the divorce law was too liberal and farcical.

The administration of Samuel Elrod as governor of South Dakota from 1905 to 1907 was generally regarded as one of the most practical, straightforward, honest and sincere that had ever been given the state. He did not possess uncom- mon intellectual qualities, nor exceptional oratorical gifts; was not high-headed nor egotistical and was exactly the opposite of a bigot. The result was that his administration was practical, successful and satisfactory.

His last official act was to call upon State Treasurer Collins for a statement of the condition of the treasury. Mr. Collins reported that the state had no bonded debt and had a floating debt of only about $217,600. By January 1, 1910, the net debt was $875,418, showing a net increase in three years of $657,607. During those three years, namely, 1907, 1908 and 1909, the following perma- nent improvements were made; this was the principal cause for the increase of the debt : Aberdeen Normal, $82,109.84; Insane Hospital, $53,588.45; Madison Normal, $40,025.18; Penitentiary, $60,167.85; Soldiers' Home, $48,793.73; School of Mines, $19,505.53 ; Agricultural College, $79,957.72; Deaf and Dumb School, $5,000; Live Stock Pavilion, $2,000; Redfield Asylum, $26,122.75; Manual Training School, $4,999.61 ; Spearfish Normal, $51,522.11; State Fair buildings, $53,000; State University, $84.729.89; other amounts, $516.93 ; total, $612,019.05. The total assessment for 1910 was $337,702,289.

In January, 1907, the state was still under the apportionment made in 1897. Much dissatisfaction now arose over this condition of affairs. The state had grown rapidly and had gone far beyond the old apportionment and a change was needed and demanded. So sharp had been the criticism concerning the wrong use of the contingent fund upon which the state administration for many years had drawn for various expenses, that Governor Elrod adopted the course of keeping such money separate from all others and of giving a faithful account of how every dollar was spent.

Governor Crawford's message to the Legislature in January, 1907, was one of the strongest, most unique and unusual that had ever been delivered in the state. As Senator Benton said of Senator Douglas's arguments embodied in the Kansas-Nebraska bill in 1854, so it could be said of this message that the gov- ernor "injected a stump speech into the belly of his message." The message was forcible, direct, comprehensive and a terse and candid presentation of pro- gressive principles and contemplated reforms. He made numerous recommenda- tions after analyzing the most momentous questions that would likely come before the Legislature. His first sensational utterance was that he intended to compel by civil action two former governors to return to the state treasury several thou- sand dollars which they had drawn by means of the alleged illegal and uncon- stitutional acts of the last Legislature. Being the first insurgent governor and having been elected upon a platform of stringent reform principles and upon the profuse pledges of himself and associates to institute far-reaching and much- needed reforms in all departments of the state government, he caused every

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feature of his message to bear the manifest and undoubted marks of insurgency. His remarks scintillated with public progressiveness and glowed with the most urgent calls for official reform. He charged that the state governors had taken without right sums of money for "perquisites" ever since 1901, that the amounts varied from $500 to $1,500 annually, that such sums had been taken by the unaccountable authorization of the Legislature and that the fund thus drawn upon was called "contingent" and had not been recognized when the constitu- tion had been framed or when the laws had been passed. He referred in unequivocal terms directly to an alleged political intrigue which had been found to permeate nearly every state institution to the detriment of the public service and to the curtailment of their growth and development.

He brought out convincingly and succinctly what he denominated as the "transparent subterfuges" adopted by state officials to gain "perquisites" not intended or permitted by the constitution or the laws. In this connection he said : "I consider it my duty to call your attention to what I am convinced has been an unconstitutional attempt of prior legislators to circumvent the plain and emphatic inhibitions of the constitution." He declared it unlawful for the Legislature to allow the governors to take installments of what was called the contingent fund. He said that any appropriation invading this fund was a sub- terfuge of the Legislature and any such law was wholly void because unconsti- tutional, and that officials who received portions of the fund could be compelled under civil action to give a full accounting of every dollar they received. He announced that he intended to ask the attorney-general to look into the matter and take whatever action he deemed best. He proposed a rule of civil service in the conduct of state institutions and declared that there was in existence a system of political intrigue or mismanagement which threatened the life of the State University at Vermillion, destroyed much of the influence of the Agricultural College at Brookings and involved several other state institutions in disastrous personal, political and contemptible wire pulling.

He further said, "First, in practice, there are no sufficiently clear and well defined limits as to the scope within which a given educational institution is confined in its work. As a result there is a growing tendency to overlap and to work at cross purposes ; constant temptation on the part of one to enlarge its plan so as to receive students who more properly belong to the other. This condition should not exist between institutions which belong alike to the state, and which are maintained by taxes imposed upon all the people. Each institution should be given strong support in the work it is designed to do and should be built up to the highest point of efficiency, but there should be a clearly marked line fixing the limits within which it is to perform that work. I am looking at the matter with perfect impartiality and with the desire to be just and fair to each institution; and I submit that it will be better for each and all of them to have their several courses of study and lines of work so clearly defined that each will perform its function in the most acceptable manner to the state without overlapping the work of another, and that they be held strictly to these channels, and that the expenditure of public funds in their aid be kept strictly within the limits prescribed by law. Great care, of course, should be used in fixing these limits so as not to impair the usefulness of each, but they should be made clear and specific and when made should be strictly adhered to.

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"Second, there is a feeling of uncertainty and insecurity among many who are connected with these institutions, which grows out of a fear that, regardless of merit and faithful service, their tenure of position is in constant danger from personal intrigue and partisan politics ; and that merit and faithfulness must yield to favoritism and the political 'pull.' There should be no ground for concern on this account. The time has come when it should be made clear and emphatic that the fixed and permanent policy of the state is to place the management of these institutions entirely above all question of political expediency and favorit- ism. A rule of civil service should be applied to the administration of the public institutions of the state. They are maintained by taxation upon all the people. The purpose of the state to deal with them along non-partisan lines should be declared so emphatically that no faithful and efficient president, superintendent, professor or employe need have any fear of losing his place through intrigue, favoritism, factionalism or changing political fortunes. He should be made to feel that he can rest implicitly upon the assurance that the only test of his right to continue in the service of the state is his faithful and efficient performance of duty and his worthiness."

He said that many of the buildings of the state institutions had been hastily constructed and poorly planned many years before, had become worn out and dilapidated and should now be replaced with buildings in keeping with the dignity and wealth of the state. In regard to the school lands he quoted from the com- missioner's report as follows: "On the 30th day of June, 1906, there were only 7 cents of the permanent school funds uninvested and lying idle in the state treasury ; the balance of said fund, consisting of $3,267,489.52 loaned in the several counties of the state, and $1,540,097.56 in deferred payments in school lands sold, making a grand total of $4,807,587.08, is now drawing interest. Of this amount, $998,403.19 in loans and $1,540,097.56 in deferred payments, is drawing 6 per cent interest and the balance $2,269,086.33 is drawing 5 per cent interest."

The governor further said that while the unsold public lands were rapidly advancing in value, it was of very doubtful wisdom to continue selling them. He expressed the opinion that the best tracts should be withheld from the market. He recommended, with the commissioner, that a minimum price be fixed at $20 instead of $10, as under the constitution. It was shown at this time that the average price of sale of such lands from 1891 to 1894 was $13.56 per acre; from 1895 to 1898, $12.76; from 1899 to 1902, $15.86; from 1903 to 1906, $26.85 per acre. He therefore believed that the best interest of the state required that such lands should be at once withheld from sale and that the price per acre for all lands sold in the future should be raised. He recommended that the wages of the Supreme Court clerk be fixed by law either as fees or as a salary. He made this recommendation because investigations and current reports indicated that such officer was receiving larger wages than any other state official. At this time the governor and each member of the Supreme Court received a salary of $3,000 per year, circuit judges $2,500, attorney-general $1,000, other state officials $1,800. None of these officials, he declared, could receive under the law any perquisites whatever.

The governor insisted that the pledges publicly and widely given during the late political contest and the principles enunciated in the insurgent platform

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should be faithfully and rigidly carried into effect. He dwelt at length upon the evil effects of free tickets, free passes, franks, etc., and declared that all should be prohibited. He asserted that this Legislature was in honor bound to enact an efficient anti-pass law. He insisted that circuit judges and other officials when traveling in the interests of the state should be allowed every legitimate expense in addition to their salaries provided by law. He noted that the national Congress had recently enacted an anti-pass law, but believed that document did not reach the evils within the limits of South Dakota; therefore he recom- mended that the Legislature should enact an anti-pass law similar to the one adopted by Congress.

"Experience, observation and exceptional opportunities for noticing the effect of these favors upon men have thoroughly convinced me, as they have many others, that the most seductive and dangerous influence at work in the field of politics and in official life today is the pass. It benumbs sensibility and acts like an opiate in dulling the edge of conscience. It is equivalent, nay, it is more than equivalent, to the money its possessor would otherwise have to pay for the priv- ilege it confers, because the recipient is flattered by the compliment paid him and persuades himself that receiving or using the pass is not in any sense a bribe but rather an act of courtesy due to him because he has become a dis- tinguished citizen of the state. Its influence is everywhere in caucuses, conven- ventions, legislative halls, courts and juries. Administrative, executive and ministerial officers, as well as party organizations and committeemen, come within the range permeated by its mystic power. Congress recognized the necessity of abolishing it, and the states are rapidly following with effective legislation. No half-way measure should be passed; the evil must be abolished root and branch. Deal with it as men acting under your oaths to execute the commission given you by the people who sent you here."

The governor dwelt at length on the evil influence and effects of the lobbies present at every legislative session, and called attention to the fact that other states had passed anti-lobby laws or laws restricting and controlling such influ- ences or bodies. He said there was no wish to prevent the fullest hearing on all problems affecting public interest ; and that lobbies, if working within their right sphere and functions, should not and would not need to be molested. The legiti- mate lobbyists, he said, should receive courteous treatment and should have their purposes fully considered by the Legislature. The blow of a lobby law, like that of other laws, was aimed at vice and not at the proper exercise of the duties of citizenship. The object of the law was to nullify the practice too often present to gain the legislative ear by unscrupulous means.

The governor considered the character, functions and operations of primary laws in general, traced their evolution and development generally in the United States, and contended that their main object or one of their main objects was to prevent trusts, unworthy corporations and private interests from controlling mass meetings, conventions, legislatures and other public bodies, and to end forever the corruption of public officials with offers of money and position. He further said, "The question confronting the people of this state and indeed the people of all the states, is whether they shall in fact rule by selecting their administrative, legislative and judicial officers, and whether such officers shall be sufficiently free from undue influence by public service corporations to enable the

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state to control and regulate these interests; or whether such officers shall be selected by such corporations and the state be ruled by them. This is the ques- tion. No amount of sophistry and evasion can set it aside. It is the issue before the American people today. No reasonable and fair minded person desires to treat the corporations unjustly, or in a spirit of prejudice and demagogism, but, on the contrary, wishes to give them a square deal. The trouble is not with the corporation in its rightful place. It begins when the great corporate interests refuse to submit to regulation by law; when they seek to prevent control through unfair means by granting special favors to public servants for the purpose of placing them under obligations which hinder a faithful discharge of public duty ; by going into nominating conventions and establishing partnership relations in politics with party nominees for mutual co-operation in controlling party organ- izations by such means as free transportation dealt out lavishly to convention delegates and party committeemen, by large contributions to campaign funds so that they may claim immunity from legislative restriction. These abuses exist. Any man who affirms otherwise is either blind or reckless of the truth. The political machine and the public service corporations are in partnership every- where. The purpose of the primary election in nominating a ticket is to get a direct expression of choice of candidates from the people. Under such a law the power of directly expressing his choice remains in the hands of the voter, who is allowed to say by his ballot who should be placed upon the ticket of his party as its candidate for Congress and for state, legislative and county officers ; also who should be selected as the candidate of his party for United States senator. The object is to preserve the right of choice in its purity in the individual voter. It gives him a weapon of defense against the encroachments of the machine-cor- poration alliance. You will find that the principal objections urged to a state wide primary are the following: First, that it is too expensive and bars poor men from office; second, that there is no limit to the number of candidates, and the person receiving the highest number of votes may, notwithstanding, receive only a minority of the votes cast; third, that voters of the opposition party vote at the primary of the party of which they are not members and force weak candidates upon it whom they will afterward help defeat at the polls; fourth, that in country politics it results in the success of towns and denies to the country a fair repre- sentation upon the ticket."

The governor answered at length the numerous objections which had been offered to the value and utility of a primary law, and in this connection gave a full exposition of the views of the progressives concerning the nature of such a measure. He insisted that the state should have an adequate primary law, and further declared that there should be a public accounting of campaign funds in order that the corrupt use of money could not be implied to influence or alter proper legislation. "The corrupt use of money to influence votes and to carry elections is a danger which attacks the very foundation of representative govern- ment. When assessments are made and money collected for the purpose of car- rying on political campaigns, the public welfare is involved in its expenditure. If it is used to buy votes, make bets upon results, pay for whisky and treats, and debauch the morals of men, it sows the seeds of a rottening cancer. If no respon- sibility to account is placed upon the men who receive and disburse it, they may collect it for one purpose and spend it for another; they may embezzle it with

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impunity, or use it against the very men who paid it. To assert that no legal checks or restraints should be placed upon the use of money in political cam- paigns and elections, is to take a position that is little less than monstrous."

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History of Dakota Territory, volume III, Part 21

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