History of Dakota Territory, volume III, Part 31

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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When the campaign of 1904 was over there was a general demand, particu- larly from Pierre, that in order to settle the capital question forever a new, large and adequate statehouse should be built. Mitchell warmly seconded this move- ment. At once the financial steps necessary were duly considered. The state had 85,000 acres for this purpose and at once proceeded to use this asset as a basis for raising the necessary funds.

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A state capitol commission was created and consisted of the governor, secre- tary of state, auditor and commissioner of school and public lands. They were given full authority to erect the building and to dispose of the capital lands to meet the expenditures. The building was patterned after the new Montana statehouse and thus all the cost of securing plans were avoided. C. E. Bell, of Minneapolis, was the architect of the Montana building and was employed to assist on the South Dakota building. The commission, accompanied by Mr. Bell, visited Helena, Mont., and thoroughly inspected the statehouse there. Next they investigated the subject of building material, both inside and outside of the state. On August 8th the contract for the foundation of the east wing was let to C. Lep- per, of Minneapolis, and the work was completed before winter set in, the material being drift granite found near Pierre.

Then arose the question of material for the superstructure. Generally over the state there existed a strong feeling that only South Dakota material should be used in the construction of the building ; but upon investigation it was found that the famous Sioux Falls granite or jasper would be much more expensive than the well known and popular building stone of Bedford, Ind. Complica- tions arose, court action to gain time was taken, and finally the whole matter was postponed until the next meeting of the Legislature. It is a fact that the question of what building material should be chosen cut quite an important figure in the political campaign of 1906 and in the selection of the members of the Legislature. In this election three of the four capitol commissioners were changed, Crawford, Hirning and Dokken taking the places of Elrod, Halladay and Barch, the other member being Wipf.

The Legislature of 1907 made several important changes in the capitol build- ing law, among which were (1) limiting the total expenditure for the building to $600,000, and (2) providing that South Dakota stone should be used in the structure if the cost was not increased thereby over 5 per cent. By this time the foundation of the east wing had cost $17,695.94, and building fund on hand amounted to $84,405.83. On June 4, 1907, the contract for the construction of the building was let to O. H. Olson, of Stillwater, Minn., his bid being $540,525, the lowest among several. He figured on the basis of Ortonville granite, Sioux Falls jasper and Bedford limestone, but in the end Marquette Raindrop stone was substituted for the Sioux Falls jasper. There were delays and a continu- ance of the work was postponed until 1908, and in the meantime it was decided to raise the whole structure two feet higher than originally intended. Great progress was made in 1908 and work was not suspended until December 19th. The remaining work was nearly all finished in 1909. The marble, mosaic and scagliola elements were added in the spring of 1910.

The cornerstone was laid June 25, 1908, under the ritual of the Grand Lodge of Masons, Grand Master J. J. Davenport, of Sturgis, officiating. In the stone was deposited a box containing many articles of state and local interest. The orator of the occasion was Gen. W. H. H. Beadle, who was introduced by Gover- nor Crawford. His oration was one of singular beauty, sentiment and eloquence He reviewed the history of the state with much power, picturing the memorable scenes which had transformed this prairie land into a populous domain of golden fields and blissful homes. His inspiration swept out over the dead years and recalled the historic epochs when humanity and civilization had made their

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greatest leaps to higher ideals in education, religion, liberty and law. In strong terms he painted how this young territory of the Northwest had struggled for civic liberty even as the grandfathers had struggled in 1776 and the fathers in 1861. He spoke with tenderness of the colossal men and women who had built up this splendid civilization from the sod shanty to the castellated mansions of the present golden days. Every great step of advancement was noted with power and pathos. He closed with a glowing prediction of the prosperity and glories that were to come.

The decorative work in the big statehouse deserves special notice. While the building was being constructed-near its finish-it was suggested that it should be decorated with historic scenes, emblems and allegories from the experiences of the state. When the Federation of Women's clubs assembled at Pierre in August, 1908, the following resolution was passed after due discussion and deliberation :

"Resolved, That the Federation of Women's clubs of South Dakota earnestly favors provision by the Legislature and capitol commission of the new state capitol befitting the wealth, culture and dignity of a great commonwealth; that the provision for interior decoration should be not less than five per cent of the entire cost of the structure and the mural decorations. should be made only by American artists of the highest skill and repute; that to this end, if it be deemed expedient, we should favor a small amount of decoration of the highest order rather than to accept anything less than the best; and that the clubs composing this federation be requested to petition the Legislature to make such provision as will begin a scheme of decoration that will result in providing ultimately in the state capitol mural paintings that will be an inspiration and an educational force to the people of the state."

In the end this decoratic plan was carried out by the capitol commission under the guidance of W. G. Andrews of Clinton, Ia., who secured the services of Edward Simmons for five scenes, Charles Holloway, three scenes, and Edwin H. Blashfield, one scene, for the leading chambers. The richness, beauty and historic significance of the work justify the effort and the expenditure.

On June 30, 1910, the fine building, fully completed, furnished and decorated, was appropriately dedicated. Governor Vessey introduced Doctor Storms, of Iowa, the orator of the occasion, who delivered an address of unusual literary probity and merit. He dwelt with great force and effect on the life, achievements and death of Abraham Lincoln, who had helped to save this great nation from disruption, had made South Dakota an illuminated possibility and reality and had given the Government its second birth of freedom and its baptism of blood and anguish.

The dedication ceremonies were conducted by Pierre Lodge, Independent Order of Odd Fellows, under a special dispensation of the Grand Lodge. The ritual was special and was composed by Otto Linstad, C. E. Swanson, C. B. Billinghurst and Charles S. Whiting. An immense audience witnessed the beau- tiful and stately ceremonies. Company A, National Guard, preserved order. The Fourth Regiment Band furnished the music.

CHAPTER VI

IMPORTANT PROCEEDINGS AT LEGISLATIVE SESSIONS

The first State Legislature met at Pierre on October 15, 1889. The representa- tives assembled in the Hughes County Courthouse and the senators in the Pres- byterian Church. John Rudd was promptly chosen temporary chairman of the house and S. E. Young, after a short contest, was elected speaker by the vote of 118 to 14, his opponent being R. B. Hughes. Everybody present seemed to be in delightful spirits. The senate was called to order by Lieutenant-Governor Fletcher, but S. J. Washabaugh of the Black Hills presided until the eligibility of Mr. Fletcher to that position should be determined. About 2 o'clock in the afternoon all of the state officials and several of the circuit judges, formally took the oath of office on the porch in front of the courthouse. One of the largest and most enthusiastic crowds ever assembled in Pierre up to that date gathered to witness these interesting proceedings. Chief Justice Bartlett Tripp adminis- tered the oath of office to all the state officials. Both of the legislative houses adjourned to participate in this historic event, and intense interest in the pro- ceedings was shown by the officials and the citizens. Thus at last after many years of vexatious delay South Dakota as an official entity became a reality. Immediately after these proceedings both houses reassembled in their chambers, but without doing any business at once adjourned until 2 o'clock on the after- noon of the 16th.

The first proceeding of supreme importance before this Legislature was the election of two United States senators. The republicans and the democrats massed their forces, held their caucuses, and on the first informal ballot the vote stood as follows : Moody 85, Edgerton 67, Pettigrew 98, Wardall 44. A motion was there- upon made that this informal ballot be made formal. The motion promptly carried and the result was received with repeated cheers and other demonstrations of enthusiasm and delight. The four candidates above named were then proudly marshaled before the audience and one at a time were required as one newspaper said to "show their colors." All responded with excellent effect and met every expectation. Col. J. L. Jolley introduced Mr. Pettigrew as the "Pickerel States- man" amid great applause. Mr. Pettigrew was fully equal to the emergency and delivered one of his terse and brilliant addresses. Judge Moody likewise deliv- ered an eloquent speech that completely captivated the audience. Judge Edgerton, a great favorite in the young state, spoke with great feeling and signified his submission to the action of the caucus and said, "The voice of the people is the will of God." Mr. Wardall, in a short speech, told what was expected of the young state.

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At the October election in 1889, really the first election for the state, the principal offices were filled as follows: For governor, Mellette (R.) 53,129, McClure (D.) 23,441 ; Supreme Court judges, First district, Corson (R.) 54,110, Mclaughlin (D.) 21,809; Second district, Kellam (R.) 54,150, Windsor (D.) 22,697 ; Third district, Bennett (R.) 53,635, Van Buskirk (D.) 22,697; for con- stitution 76,411, against constitution 3,247; for prohibition 39,509, against pro- hibition 33,456; for minority representation 34,309, against it 45,497. Thus a complete republican state ticket was elected. Other state officers chosen were: Fletcher for lieutenant governor; Ringsrud, secretary of state; Taylor, auditor; Smith, treasurer; Pinkham, school superintendent; Parker, commissioner of school and public lands ; and Dollard, attorney-general.

At the legislative session of January, 1890, Speaker Young continued to occupy his post, because this session was merely a continuance of the previous October session which had adjourned to this date. There were in the house seven lawyers, two editors and over one hundred farmers. At the commencement of the session both houses took considerable time in perfecting their organizations; appointing regular committees, fixing the compensation of officers, and adopting necessary rules. The hotels were full of guests, mainly of citizens of the state who desired to witness the interesting proceedings of the first session. Of the total legislative membership of 169 there were present 160. The newspapers stated that for every legislative office there were present about a dozen applicants.

Perhaps the most important questions before this session at first were the following: Prohibition, codification, railroad legislation and the control of the trusts. Both the prohibition and saloon elements were represented by powerful lobbies ; the former had prepared an elaborate and stringent bill under' the direc- tion and guidance of the State Enforcement League .. The saloons were repre- sented by able lawyers with abundant means, and there was every indication from the start that a desperate battle would be waged to gain the ascendency or any advantage.

The final report of the Constitutional Convention Committee fixed the legis- lative apportionment at forty-five members in the senate and 124 members in the house. At once the first Legislature prepared the constitutional amendments, which were to be voted on at the November election, 1890. They were as follows : (1) To increase the state debt to $500,000 in certain emergencies ; (2) to prevent Indians who maintained tribal relations from voting; (3) to strike the word "male" from the section of the constitution relating to elections and the right of suffrage.

This first session was one of great importance to the state, because in reality it did much fundamental work which affected every interest in South Dakota. The members from the start duly considered the vastly important problems of temperance, prohibition, suffrage, homestead exemption, omnibus appropriation measures, abolishment of the office of commissioner of immigration, an amendment to the constitution that Indians living in tribal relations should not be allowed the right of citizenship; preventing the remarriage of divorced persons within three years; providing an engineer of irrigation; appointing a commission on seed wheat, etc. It was stated by the press that under the new constitution, the fol- lowing measures must be passed by the first Legislature: (1) Specifying in what courts and how and in what manner the state might be sued; (2) providing

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for the punishment of bribery and corruption; (3) concerning the method of applying reprieves and the omission of fines; (4) indicating the duties of state officers; (5) establishing the jurisdiction of new courts ; (6) making returns of election for governor and lieutenant governor ; (7) publishing and distributing Supreme Court decisions ; (8) publishing and distributing state laws ; (9) appoint- ing or electing the state's attorney; (10) fixing terms of court and providing for the transfer of cases to other districts when judges had been attorneys in the same suits ; (II) providing for the submission of the question of female suffrage ; (12) providing for the investment of school funds; (13) protecting school lands from trespass; (14) organizing counties and locating county seats ; (15) organiz- ing townships; (16) classifying municipal corporations and restricting their tax levying powers; (17) levying the annual tax; (18) taxing banks, corporations and loans; (19) exempting from taxation horticultural and similar societies and common schools and other educational institutions ; (20) limiting the issue of state warrants; (21) buying territorial bonds and interests; (22) appropriating money for general expenses ; (23) providing for a state board of charities and correc- tions ; (24) enrolling and organizing the militia; (25) providing a board of regents of education; (26) providing for the removal of officers by the gov- ernor; (27) regulating the organization of corporations ; (28) controlling railroad commissions ; (29) providing an election for the location of the permanent state capital; (30) enforcing prohibition; (31) providing for a commission of immi- gration.

By the last of February both houses were busy rushing the bills from the com- mittee rooms to the chambers. Each house had established a calendar commit- tee to facilitate the dispatch of business. The duty of this committee was to see that all the most important bills were considered first, so that if any should be slighted they would be those of lesser importance. A bill to divide the state into congressional districts was duly considered, but was opposed on the ground that it was mainly in the interests of special candidates and that the prohibitionists desired its passage because they hoped thereby to secure representation in congress.

At this time there arose a protest from all parts of the state against the large size of the Legislature. Many newspapers declared that two-thirds of the mem- bership would be amply sufficient and that the present body was unwieldy, slug- gish, lacked motion, that bills were duplicated and that all work lagged through the confusing and cumbersome methods of both houses. A bill to reduce the size of the Legislature was introduced and considered amid much confusion and caustic personalities. Many members seemed willing for the reduction, but the paramount question of reapportionment was one that could not so readily be sur- mounted. The attorney-general expressed the opinion that the reapportionment must necessarily be based upon the state or federal enumeration. As there had not been an enumeration of any importance since 1880, and a new government census would be taken within a few months, it was finally concluded to let the question go over until the next session.

On February 27th a special press report said: "The lower house is fortunate in having among its members five clergymen. These gentlemen, in the absence of the chaplain, sometimes do the praying. An amusing scene took place in the house last week. It seems that Reverend Cummings is the editor of a paper, and in a recent issue of such he took occasion to score one of his brother lawmakers

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of his profession. Reverend Powell's attention was called to the attack and he arose to a question of privilege and for about ten minutes the clerical fur flew in all directions. These sedate members called each other liars and used other language that is not usually heard in theological circles. The sinners present did all they could to encourage the sport and the crowded lobby enjoyed the fun."

By March 3, 1890, 391 bills had been introduced in the house and 224 in the senate. Many had been disposed of by this time, and the governor had signed already a total of seventy-six bills and resolutions. The temperance bill had been passed amid the hosannas of the temperance people and had been duly and promptly signed by the governor .. The vigorous fight on the appropriations haď ended; the slain had been buried. The Rhines' voting machine bill had suffered defeat. The railroad fare bill was likewise unceremoniously and coldly turned down. Many farmers of the Legislature valiantly supported the railway rate bill and the usury bill, but both were ingloriously defeated in the end. The temper- ance or prohibition bill having passed, it now became a certainty, so it was thought by many, that all saloons would be required to close on or before May Ist. A singular and almost unaccountable fact was that this Legislature cut down the appropriation for the state university to $25,000. In this connection the Dakota Republican of March 13th said: "At about 2 o'clock A. M., Saturday, the Legis- lature saw fit to grant the very modest sum of $25,000 in support of the state's highest educational institution, the University of Dakota. We are profoundly gratified that, in its wisdom, it made an allowance of even such moderate dimen- sions, for at times it has looked doubtful if any sum would be appropriated for its maintenance. From time to time there has cropped out a vast deal of jealousy, sectionalism and narrowness. To steer against this tide successfully has required vigilance and ability on the part of the friends of the university and the friends of progress. The appropriation, by dint of self sacrifice and rigid economy, will in some way sustain the institution the coming year. The present able and accom- plished faculty will remain intact. The work will go on here; there may possibly be deficiencies in the fuel and contingent and other items, but they can be pro- vided for in the future. Another year the people of the state may have come to their senses and their representatives may be more awake to the future rather than indulge in the sleepy habit of looking backward."

The Legislature of 1890 did much that was meritorious and very little that was discreditable. It had many serious difficulties to overcome, and succeeded better than had been expected by many faultfinders and critics. The faults as well as the merits of the constitution began this early to be perceived and measured. One hundred and eighty-three bills became laws at this session, and a few were vetoed by the governor. Among the measures which passed were the following : Limiting the state indebtedness to $500,000 ; a memorial to Congress asking about the Crow Creek Reservation claims ; providing for a committee to procure seed corn for the state; a memorial to Congress concerning the Fort Randall Military Reservation; another for the dyking of Big Stone Lake; relating to decreasing the size of the Legislature; concerning the Soldiers' Home at Hot Springs ; making an appropriation for the maintenance of public institutions ; giving aliens certain property rights; locating the boundary line between North Dakota and South Dakota ; a memorial to Congress concerning Indian depredations ; a memorial to Congress to set aside camping grounds for the state militia; providing for the

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appointment of a board of regents and a board of charities and corrections; authorizing railways to build across school and public lands; creating a State board of equalization; authorizing county commissioners to buy artesian well outfits ; providing for the transportation of insane persons at county expense ; shortening penitentiary terms for good conduct and paroling meritorious prisoners ; the inspection of illuminating oils; defining the jurisdiction of county courts; creating a commission to adjust the claims growing out of the Yankton asylum affairs ; establishing a board of pardons and defining its duties; encouraging the production of sugar and the growth of sugar beets; providing for a constitutional amendment giving women the right of suffrage; accepting grants of land from the Government ; authorizing circuit judges to hold court in each others' places ; regulating the issuance of marriage licenses ; regulating and prohibiting the manu- facture and sale of intoxicating liquors; creating the office of state engineer of irrigation; encouraging timber culture; prohibiting the killing and trapping of quail; creating the office of mine inspector ; compelling railway companies to post notices of the time of arrival and departure of trains; providing for the assess- ment and taxation of railway companies, telegraph companies, etc .; providing for the destruction of noxious weeds ; memorializing Congress for the opening of the Yankton Reservation under the homestead law; the same asking for 5 per cent of the proceeds of the sale of public lands in South Dakota since June 30, 1880; the same asking for the opening of the Crow Creek Reservation ; the same asking for that body to authorize the Commissioner of Lands to select lands for the State University; to submit the permanent capital question to the voters ; authorizing the state to issue bonds to cover the outstanding current debt of $100,000; regulating the construction of artesian wells and the ditches leading therefrom; regulating and controlling insurance companies, etc .; regulating the practice of pharmacy ; creating the bureau of labor statistics and providing for the appointment of a commission ; regulating grain, warehouse and other inspec- tion ; providing a military code for the state; making railroads responsible for fires set by their engines ; reorganizing civil townships ; providing an investigating committee for the insane asylum, the penitentiary and the deaf mute school; limit- ing the expenses of the penal, charitable and educational institutions; abolishing the territorial board of education and transferring its duties to the state super- intendent of schools.

Thus the most important laws passed by this first session were the following : (1) For the submission of a constitutional amendment for woman's suffrage; (2) creating the office of state engineer of irrigation; (3) to encourage timber cul- ture; (4) creating the bureau of labor; (5) for the destruction of noxious weeds; (6) regulating artesian well construction; (7) providing penalties for the unlaw- ful transportation of liquors; (8) encouraging the production of sugar and the raising of sugar beets; (9) for the enforcement of the prohibition clause of the constitution ; (10) reducing the size of the Legislature; (II) establishing boards for the state institutions; (12) submitting the permanent capital question to the voters.

Considerable unfavorable comment concerning the personnel of this first legis- lative body was made at the time and much even worse was said afterward; but the facts remained that the work done by it satisfied the people of the state. Then all had the good of the state first at heart and that feeling ruled at this

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History of Dakota Territory, volume III, Part 31

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