History of Dakota Territory, volume III, Part 32

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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session. Personal considerations did not predominate then as they did at a later date, and the obscure members remained in the background and permitted the real leaders-the men of brains and wisdom-to dictate the measures that should become laws and to shape the policy of governmental affairs. Of course, there were present members who knew more about bull-whacking and cow-punching than they did about law-making, but that objection has been a continuous one down to the present day. There can be no doubt that fully half the members of the first Legislature were wholly unfitted to determine the best measures to be adopted by the young state. Many were without education, knew little concerning law, were wholly unfamiliar with governmental problems and had only a vague and evanescent conception of the duties of citizenship under civilized customs. One newspaper in 1890 declared that the first Legislature contained law-breakers, crooks, gamblers and other undesirable characters. For this reason, and as a matter of economy, it was demanded that the legislative body be cut down in size and session duration.

After a sharp contest C. X. Seward, of Watertown, was elected Speaker of the House in January, 1891. Robert. Buchanaan, of Sioux Falls, was his oppon- ent. In the republican caucus Buchanaan on final vote received forty-two votes and Winslow twelve. The independents, however, had control of the House and placed Mr. Seward in the speaker's chair. The contest was close; Seward received sixty-two votes and Buchanaan sixty-one. Seward was named at the fusion caucus of the democrats and independents. However, the republicans succeeded in organizing the Senate, thus making the two houses antagonistic. Seward was really a republican, but had recently joined the independent move- ment. He was not elected by the Farmers' Alliance independent movement, but was chosen by the combined independents and democrats; and thus was an inde- pendent in the strictest sense of the word. In order to secure the election of Mr. Seward two republicans of Brown County who claimed seats in the House were displaced and two independents were seated in their chairs. This gave the independents a majority of three in the House. Of course, it was maintained by the republicans with much vigor and bitterness that the act was unjust, high- handed, and one outrageously carried into effect hy the independents in order to secure control of the House.

Among the important measures before the Legislature of 1891 were the fol- lowing: To elect a United States senator; to pass a resubmission bill; to make necessary appropriations for two years; to adopt the Australian ballot ; to pass a new school law; to provide a state apportionment ; to elect railway commis- sioners by vote of the people; to tax mortgages; to pass an iron-clad usury law. The mortgage and usury laws caused bitter and prolonged contests in both houses. The Farmers' Alliance and the independent party prepared for a relent- less contest to secure what they wanted. Present at this session were the boards of trustees and other heads of nearly all the state institutions.

Late in January a bill which occasioned much controversy prohibited the hold- ing of land by non-resident aliens. This bill was earnestly and strenuously opposed by the Black Hills members of the Legislature on the ground that it tended to keep out foreign capital which was greatly needed to open the immense mines and work them with profit. In response to the wishes and demands of the Black Hills people the law was amended to meet their requirements. Another

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important bill which occasioned considerable debate was one authorizing town- ships to sink and control artesian wells. Other important measures were the following : Passage of an adequate appropriation bill : adoption of the Australian ballot; adoption of a new school law that united the independent district and the township systems; providing for irrigation in townships which sank artesian wells; a new fence law on the Sioux Reservation; cutting down the number of members of the Legislature; establishing uniformity of text-books in county schools.

By January 20, 1891, with one fouth of the session already gone, not a bill had been passed by both houses of the Legislature. In all ninety-one bills had been introduced in the Senate and sixty-six in the House, covering many ques- tions of vast importance to the state. Nearly every effort of the Legislature thus far had been spent in the difficult and engrossing task of choosing a United States senator. However, this proceeding did not interfere materially with work on the bills and on legislation in general. No session began early to pass bills ; usually even where there was no United States senator to be elected, few if any bills were passed until late in January. The object, of course, was to give the members abundant time to study and fully weigh all the measures. When the time came for them to be passed the work it was claimed was then comprehensive, expedi- tious and mature. During the first three or four weeks there were numerous contests for seats, but as a whole legislation progressed satisfactorily.

Among the bills considered early in the session in 1891 were those concerning the immigration bureau, railway commission, mine inspector, state engineer, irrigation, commissioner of labor and statistics and women's board of visitors. All political parties represented in the Legislature were surprisingly intent on making it appear that they were influenced solely and strongly by the demands of constituents that the affairs of the state be very economically administered. This ruling sentiment was always manifest. While the fight over the United States senator was in progress, many members took little interest because they considered that the proceedings were far too expensive if not wholly unnecessary. To carry out this view of the minority, Senator Washabaugh introduced a joint resolution that the Legislature adjourn on February 14. He argued that the time which had been unnecessarily spent in various dilatory political tactics and in the drawn- out selection of a United States senator, should have been spent in the considera- tion and passage of bills; that if such had been the case the session could have been adjourned by the middle of February after having maturely considered every bill that had been introduced. However, the majority of the members did not quite agree with him and the minority, and accordingly defeated his bill, although by a very small margin, the vote in the Senate being twenty-two to twenty-three against the Washabaugh resolution. As soon as the United States senator had been chosen, the entire Legislature turned all their attention and efforts to the consideration of the bills that had been introduced. Then they began to pass both houses with great rapidity, or were consigned to the capacious waste baskets. Many fundamental laws essential to the growth and prosperity of the new state, were duly considered and deliberately acted upon by this early legislative body. Among the important bills that became laws were the following : (1) That ten years' successive residence on land under claim and color of title made in good faith by any person who had paid all taxes assessed at that time, Vol. III-15

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should be held and adjudged sufficient to entitle the holder to the property; this did not apply to school and other public land; (2) that taxes should become delinquent on the first Monday of February of the year following the assessment of such taxes and to draw interest at the rate of 12 per cent per annum until paid ; (3) authorizing the civil townships to sink artesian wells and to bond themselves therefor; (4) to purify the ballot and to punish violations thereof; (5) to pre- vent the sale of fire arms and ammunition to Indians and half breeds; (6) author- izing counties to build all bridges where the cost exceeded $100; (7) authorizing counties to issue sufficient warrants to complete payments for court-houses, jails and other county buildings ; (8) to confer jurisdiction of county courts in probate matters upon circuit courts; (9) to refund $92,500 insane hospital bonds bearing 47/2 per cent interest at the new rate of 4 per cent interest ; (10) to change the name of Dakota Agricultural College to South Dakota University; (II) to authorize the board of regents to hold farmers' institutes at the Agricultural College for instruction of farming and dairying; (12) limiting the tax levy in cities to ten mills and limiting the bonded debt of municipalities; (13) accepting grants of money from Congress to aid in the maintenance of the Agricultural College; (14) reducing the number of grand jurors to six, the jury panels to eight, and fixing the number to indict at five persons.

Many other important laws were passed, but these seem to have been the most useful. Among the joint resolutions and memorials which became laws were the following: (1) Accepting the capitol grounds at Pierre from the North- western Railway Company and the new frame capitol building at Pierre from the City of Pierre; (2) making special arrangements for opening the Sisseton and Wahpeton reservation; (3) a memorial to Congress to make the coinage of silver free and unlimited and a legal tender for all debts both public and private; (4) a memorial to Congress for an amendment to the Constitution to be submitted to a vote of the people providing for the election of United States senators by direct vote of the people; (5) asking national aid to disarm the Indians and to reim- burse stock men for cattle lost through Indian raids and otherwise; (6) asking Congress to station four companies at Fort Randall for the protection of the white people against possible Indian raids; (7) asking for a fort at Oelrichs, Fall River County, for the protection of settlers from Indian depredations ; (8) asking Congress to make the Soldier's Home at Hot Springs a national home for veteran soldiers. A resolution which was vetoed by Governor Mellette, authorized the governor to deed to the United States the title of the state to the Soldier's Home in case Congress should make an appropriation for the aid thereof. There were many other resolutions, memorials and bills which became laws.

As a whole the work of this Legislature was excellent. Perhaps the only serious complaint was over the time spent in the selection of the United States senator. As it came to be believed throughout the state that this prolonged action was unnecessary, expensive and burdensome, there arose a general feeling that the United States senator should be elected by a direct vote of the people. This demand became so urgent at this session that the above memorial to Congress to that effect was finally passed. Scores of other problems of vast importance to every department of the entire state were consigned to oblivion or to the tender mercies of a subsequent session. An attempt to abolish the normal and prepara- tory departments of the State University was defeated after a sharp contest in

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both houses. It was really an attempt at economy, but was wrongly applied. The resubmission bill consumed much time of this Legislature, but was finally defeated. Among the other subjects that were considered were wild cat banking, the fence law, the cutting down of all appropriations, the abolishment of capital punishment, taxation of mortgages, and abolishment of the office of oil inspector.

By the time the session was half over the Senate had acted on fifty-one bills of which seven had become laws, while the House had acted on fourteen bills of which only two had become laws. As the Senate was republican and the House was independent, the republican newspapers throughout the state called attention to this fact. Any delay was noted particularly by the public press. It was the belief that the Legislature could have passed all its laws after due deliberation in about half the time actually spent. As the expenses of the assembly were about twelve hundred dollars per day, it was claimed and particularly by those who pro- fessed to be trying to economize, there was an opportunity to show what they could accomplish.

Under the new apportionment law passed in March, there were 43 state sen- ators in place of 45 and 83 representatives in place of 124.

The Legislature of 1893 was the most violent and disorderly thus far held in the state. Considerable radical legislation was commenced. Nearly all measures were particularly striking. Perhaps railway legislation cut the least important figure though the most urgent. The Legislature commenced earlier than usual to report bills from the committees and to act upon them as a whole in the chambers proper. The resubmission problem was one important measure that was early considered. The prohibitionists and the liquor people both had present able and influential lobbies, each of which seemed well supplied with funds. Several ladies ably and openly represented branches of the prohibition movement this session. Another important movement was the step to make a thorough investigation of all the state institutions through special committees and otherwise. The Agricul- tural College which had been rent with dissentions and embroiled in trouble for some time was thus investigated. There were twenty-one charges in the indict- ment brought against this institution by the committee. Sixteen of the charges referred to political intrigues and the unlawful use of money. The condition of the institution, reported the committee, could not have been more serious and damaging. All of the disorderly and irregular proceedings were fully detailed and exposed by the legislative committee.

This legislative session at the start was uncertain as to its political cast and its probable action on all legislation required by the people. The uncertainty consisted in the fact that the republicans again controlled both houses, that there were many new and inexperienced members, that the resubmission question was para- mount, that a new and improved divorce law was wanted, that the maximum freight charges on railways were to be fixed, that an appropriation for the Columbian Exposition was demanded, that military armories were needed through- out the state, and that the Australian ballot law required improvement and amend- ment. In addition numerous questions concerning agriculture and the manage- ment of the affairs of state institutions and departments were to be considered. From the start the question of resubmission became a living and vital issue. It had passed the House in 1891, but had been killed in the Senate. Now again in 1893 a similar bill was reintroduced. The old leaders of the session of 1891 were

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absent. New members had taken the place of Buchanan, Melville, McCormick, Wickham and Sheafe. Mr. Dollard, the former attorney-general, was now a mem- ber of the Senate. Also, present as senators were Colonel Starr and W. A. Bur- leigh. These three men were thoroughly familiar with state affairs, but nearly all the other members of the Senate were untried and unknown and therefore what they could do or would do was a matter of doubt to all, including them- selves, perhaps.

The legislative caucus enjoyed a lively battle when it came time for the elec- tion of speaker; there were placed in nomination James M. Lawson, Daniel Dwyer and J. S. Bean. Lawson had been named by the republicans, Dwyer by the democrats, and Bean by the independents. The final vote stood Lawson 59, Dwyer 5, Bean 14. In the early caucuses of all the parties the importance and promi- nence of the resubmission question was plainly manifest. Colonel Starr of the Black Hills was active as a strong advocate of a liberal appropriation for the Columbian Exposition because the whole Hills region desired above all things to be well represented at the great fair in Chicago. Another bill of importance provided for a constitutional amendment for the submission of a prohibition clause at a special election at which women should have the right to vote. Another bill provided for a joint resolution for a constitutional option amendment with municipal local option and state liquor inspection. An important feature of com- manding and at one time vital interest at this session was the combine of the farmers to control, prevent, or block legislation unless their demands were com- plied with. This organization became known as the "Donahue Combine," and was at first under the leadership of Robert O. Donahue, who for a time had absolute control of the combine and the combine had absolute control of the House. This made Mr. Donahue the master and autocrat of the House. He was a shrewd, practical and able farmer; and arrayed his forces to carry into effect whatever measures the farmer members of the Legislature desired. A little later another combine was formed and became known as the "Gold Combine." It seems to have been in part at least a split in the ranks of the "Donahue Combine."

Much ill-will, anger and vindictiveness were shown by the members over the prohibition, re-submission, and license questions. Although re-submission was badly defeated the battle still continued, owing to the intense and strenuous efforts that were made to reopen the question. Members in order to get revenge for imaginary slights or wrongs began blocking legislation amid severe personal castigations. This antagonism continued with much bitterness for almost a week; in fact did not wholly cease until the adjournment.

The "Farmers Combine" adopted and laid out a regular and specific slate or program for every official proceeding. Those who had been elected to this Legis- lature by the farmer's movement were pledged to certain reforms and definite laws of economy and policy which required of them rigid action along specific lines. Accordingly, the majority began retrenchment by an attack upon every state department requiring an appropriation. Although the World's Fair was thought to need at least $75,000 for an adequate state display, only $50,000 was appropriated, though $10,000 additional was given to the Women's State Com- mission. The Legislature also after a grilling contest abolished the office of commissioner of labor and statistics and the engineer of irrigation. It likewise

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transferred the duties of the railway commissioner to the secretary of state, treas- urer and attorney-general, and also made the commissioner of school and public lands the commissioner of immigration. These changes effected largely by the combine saved the state about fifteen thousand dollars, it was estimated. The Farmers' Combine became so rigid, domineering, one-sided and high headed, that the republicans held a special caucus for the purpose of devising almost any means to break the organization. However, on a test of the capital removal bill, the combine showed it still had control of the Legislature. The same result appeared when the resubmission bill came up for consideration.

Charles McCoy was given the credit of devising the scheme to secure con- trol of the House, which was finally adopted and carried into effect against severe opposition by Speaker Lawson. This movement outwitted the farmers com- bine. Mr. McCoy was assisted by Bush Sullivan in planning and managing this combine. Lawson as speaker was high-handed, arbitrary; but necessarily so because he had a partisan and definite duty to perform. He ran the entire House without hesitation or scruple wholly in the interest of the combine. The real object of McCoy's designs was the overthrow of Governor Sheldon's plans, programs and administrative measures. Toward the latter part of February there was a reaction against this movement owing to its arbitrary measures, whereby a majority of the House revolted and turned against the combine and supported the measures recommended by Governor Sheldon.

It was noted by the newspapers that during this session of the Legislature there was present the largest, most powerful, and one of the most corrupt lobbies that had ever assembled either in the territory or in the state. In these days it was customary whenever any interest desired the passage of the law to send to the Legislature a strong lobby of able and influential men or women well sup- plied with money with which to pay expenses and to buy influence and votes. Such was the lobby of 1893. Nearly every important bill was sustained or opposed by a determined lobby. The farmers' combine had declared that the World's Fair bill should not pass the House until the bill providing that the rail- road commission should be elected by the people had passed the Senate. Thus, this and other measures were not considered on their merits, but on the strength of money and influence which so vigorously supported them. Bills were pitted against bills; and a system of log rolling and corruption hardly ever seen before even in South Dakota at times ruled the Legislature. The question of removal of the capital was thus pitted against the question of re-submission. In every direction were intrigues and cabals; and over all scandal and corruption often ruled with autocratic power.

The Legislature of 1893 enacted 170 bills into law and created four new offices as follows: (1) Supreme Court reporter; (2) A state agent at Washington, D. C., to guard the school and public lands of South Dakota ; (3) a state commissioner to adjust territorial and state delinquent taxes; (4) a state surveyor. It enacted five important railway laws as follows: (1) Compelling the construction of side tracks; (2) requiring closer connections of different systems at their crossings ; (3) providing for the election of the railway commissioners by vote of the peo- ple ; (4) compelling the use of fireguards and Y-switches; (5) obliging the con- struction of side tracks at points between stations when they were as much as twelve miles apart. This Legislature also made provision for two constitutional

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amendments both concerning the superintendent of public instruction. It also passed a law condemning warehouse sites and prohibiting the dockage of grain; a new revenue measure ; a new school code; for a state board of health and for a state pharmacy board; extending the period for the redemption of mortgages to two years before foreclosure; and prohibiting trusts. The code was given amend- ments, nearly all of which were for the benefit of poor debtors. One was against oppressive garnishment and another for the limitation of action in judgment and the extension of mechanic's liens. The first half of the session was not very promising. Little had been done up to the 15th of February except to consider the bills that had been introduced and the wants of the state departments and insti- tutions. Accordingly, fearing that the session would thus continue to the end, the newspapers succeeded in kindling complaint. The Vermillion Republican said, "Nearly one month has been consumed by the Legislature at Pierre in pass- ing a single bill-that of providing a chair for an ex-governor. We hope next month it will be able to digest and pass at least double that number of bills for the benefit of the commonwealth's future governors."

Early in February the re-submission bill, after passing through many vicissi- tudes of attack and repulse, was defeated, the speaker's vote being necessary to accomplish this result. Immediately thereafter another bill was introduced to amend the constitution by replacing the prohibition clause with a license clause. Almost from the start Speaker Lawson and Governor Sheldon worked at cross purposes over the World's Fair bill, and both ably and adroitly carried matters to the utmost limit to win. Lawson vigorously opposed any appropriation of consequence; Governor Sheldon insisted that it would be disgraceful and ex- tremely injurious if South Dakota should not be properly represented at Chicago. Another bill which occasioned a sharp contest was one for the removal of the capital from Pierre to Huron. In order to make this bill seem ridiculous another was introduced to remove the Agricultural College to Miller.

At the legislative session of 1893 about one hundred and seventy bills became laws. This number was about one-third of the total bills introduced. As a whole the Legislature of 1893 did good and effective work and generally satisfied the people. The combines really worked by devious and questionable ways to secure the passage of good laws. Even bills that were pitted against bills were needed for commercial development or for local advancement and were not of them- selves unworthy and undesirable. As a whole the Legislature was honest, but the methods of legislation could not have been more objectionable.

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History of Dakota Territory, volume III, Part 32

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