USA > South Dakota > History of Dakota Territory, volume III > Part 33
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At the legislative session of 1895 the following important measures were before both Houses at the start: Contest for speaker; election of United States senator to succeed Mr. Pettigrew ; regulation of railroad rates; re-submission of the prohibition question; state aid to irrigation ; woman suffrage; adoption of Torren's land title system; general appropriation bill. At the republican caucus Mr. Pettigrew was named for United States senator and C. T. Howard for speaker of the House. At this session there was present a powerful lobby in favor of woman suffrage. In attendance were several of the most prominent women of the state to urge the measure in person. They were assisted by able lawyers and had apparently abundant supply of ready money. Also present was a strong lobby for prohibition ; for re-submission; for state aid to irrigation ; for a constitutional convention and for other measures. The most exciting event was
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the defalcation of State Treasurer Taylor and the large reward which was offered and the efforts which were made for his apprehension. The services of the Pinkertons were enlisted to find him. His bondmen were looked after also. Another measure duly considered was a revenue commission bill with a member- ship of nine. It was declared at this session by prominent men that South Dakota was not yet ready for a railway rate law. This was the position taken by the republicans at the commencement of the session and had been their position dur- ing the previous campaign. Now, however, they reversed their opinion and favored the enactment of such a law, but could not agree upon its terms and measures. Members were too drastic in their views of railroad reform; others were unduly moderate, and a few insisted that any law which restricted or ham- pered the operation of the railways would react with telling and disastrous effect upon the commercial interest of the state. At this session the populists intro- duced a referendum bill which was reported adversely by the House committee. Railroad bills were introduced in both Houses early in January and the fight thereon was commenced at once. A prominent feature at this session was the ability, power and influence of the railroad lobby. Several of the prominent rail- road officials were present to aid the cause. The railroad companies had gone so far in order to secure the favor of the people that they had offered to pay their tax in advance in order to help out the state government during the embar- rassment over the Taylor defalcation. It was asserted on the floor of the House that the companies had taken this course in order to secure the favor of the Leg- islature and as a stroke of good policy to prevent the passage of a rigid railroad rate bill. The fight over this rate bill was one of the liveliest, most strenuous and severe of the session. The bill which was reported by the committee and con- sidered in open session gave the commission the right to fix the rates and pre- vented the president of the road from doing so. This measure was copied from the law in force in Iowa. The bill did not necessarily mean lower rates, but meant fair rates for both the railways and the public, and prevented railways from becoming arbitrary and unjust. The bill finally failed of passage, owing, it was declared, to the attitude of the jobbers of Sioux Falls; but the fact was that the railroads were too influential and succeeded in preventing its passage. They had sufficient strength to induce many members to fight with them, and their reasons and methods were efficient because they could show on the face that their receipts were comparatively small and their expenses in this new country were unusually high. The railways had really what was called "a working ma- jority in the Legislature" in 1895 and therefore the result was that no railway . rate bill was passed.
At this session of the Legislature there was present a strong lobby to contest to the utmost any such changes in the divorce law as had been suggested and recommended by certain persons who favored the bill because it increased their fees. Among the leaders were Bishop Hare, of Sioux Falls ; Rev. W. H. Thrall, of the Congregation Home Missionary Society ; Doctor Shanefelt, of the Baptist Home Missionary Society, and Mrs. Emma Cranmer, president of the Woman's Christian Temperance Union. These prominent individuals were assisted by able lawyers and a desperate fight was made against the proposed changes. One of the provisions of the bill was to make three months instead of six months the residential period in order to secure a divorce. The clergymen throughout
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the state vigorously opposed the new bill and appealed to the people to petition the Legislature to kill the measure. These proposed amendments to the divorce law caused one of the liveliest battles during this historic session. It was revealed that a strong element of moneymakers in the state desired to have the law so lax that persons in other states desiring divorces could come here and after a very short residence, the payment of round sums, and very little other hardships could secure a release from their matrimonial tangles and miseries. In a measure they succeeded in accomplishing their object.
During the entire period of this session it was noted by the newspapers that there was a continuous undertone or suppressed sentiment to remove the capital of the state from Pierre to Huron. However, in the end the measure was de- feated in the Senate by the vote of 29 to 16.
Another important memorial was one in favor of the free coinage of silver. The measure asked that the secretary of the treasury be required to receive silver bullion and to coin it at the rate of 4121/2 grains to the dollar, the seigniorage to belong to the United States. It required that the bullion should be paid for in silver dollars, and that silver dollars could be turned into the treasury, and certificates therefor could be obtained. The question of bi-metalism was not touched upon.
On January 18th the Senate passed a joint resolution calling for a constitutional convention. This seemed appropriate in view of the fact that twelve amend- ments to the old constitution had already been proposed. The constitutional con- vention measure died in the committee rooms. On January 22d the Senate passed a resubmission bill which had previously been passed by the House. The vote in the Senate was 24 for to 19 against.
One of the important bills of this session was introduced by Mr. Kingsbury, of Yankton, and provided for the appointment of a commission to investigate and report on how to use the Missouri River water for irrigation. They were asked to investigate the sources of supply and to explain fully the practical methods of carrying irrigation into effect. Another bill was to authorize townships to issue bonds to a limited amount with which to procure means to sink artesian wells.
One of the measures passed under suspension of rules was a resolution creat- ing a commission of three to ask Congress to take immediate action in behalf of the depressed and deplorable financial, business and industrial interests of the whole country.
The bill to take a census of the state every five years in accordance with the constitution meant that there must necessarily be a new apportionment of the state every five years. This was rendered necessary by the fact that many counties were growing rapidly, others were decreasing in population, and still others were merely remaining stationary. The bill to take a census every five years was probably fought harder than any other of the session. The constitution concern- ing the measure was mandatory, consequently it was necessary for the Legisla- ture to pass a bill, it was declared, in order to carry out that mandate.
By February 1, 1895, over three hundred bills had been introduced in both houses, but many had yet received no consideration outside of the committee cham- bers. One provided for the settlement of the boundary between Clay County and Nebraska, due to a change in the bed of the Missouri River; and another for
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a new judicial district consisting of the counties of Codington, Deuel, Clark and Spink.
About the middle of February the woman's suffrage bill passed the Senate almost unanimously, but was promptly defeated in the House preliminary vote by 40 to 39. When it came up for final consideration in the House on February 22d, it was lost by the vote of 40 against to 34 for.
By February 20, 1895, the Legislature had settled down to a close, rapid and critical examination of all bills and was busy all day and far into the nights. At this time both bodies were holding committee meetings in the mornings and regu- lar sessions twice a day. Until about two weeks before this date, nearly all work had been done in the committee rooms. It was noted by the press that an unusu- ally large number of bills was killed in the House, while only a comparatively few were annihilated in the Senate.
Upon the adjournment of the Legislature early in March both houses had passed other important measures among which were the improvement of legis- lative rules ; improved railway regulations; great retrenchment owing to Taylor's defalcation; amendment of the general school law; advanced legislation on irri- gation and artesian wells; special legislation concerning irrigation for the benefit of the Black Hills, etc.
At the election in 1895 four constitutional amendments were submitted to the vote of the people as follows: A joint resolution concerning the manner of submitting amendments to the constitution ; a joint resolution for an amendment to the constitution concerning state institutions; a joint resolution proposing an amendment to the constitution relating to monopolies and trusts ; a joint resolution relating to prohibition.
In January, 1897, the Legislature from the start considered two very impor- tant bills, namely : a railroad measure and the capitol removal problem. Mr. Col- vin was chosen speaker of the House after a close contest on January 6th. During the previous campaign all parties had openly and avowedly favored the regula- tion of the railways of this state. The railways on the other hand opposed such legislation or restriction. They had an able lobby present at the legislative session and declared with much emphasis and many statistics that such a law would grievously injure the people as well as the railways.
Notwithstanding the excitement and confusion incident to the senatorial con- test, both houses began active work on the bills almost from the start. Among 'the first events was the reading of Governor Lee's message. This document laid bare the policy of the populist administration. After the reading of the message many bills were introduced and considered from time to time among which were the following: Capital removal question; appropriations for the expenses of the state officers; railroad bills; appointment of a public examiner; regulating the charges of express companies; requiring lobbyists to register ; fixing a maximum telegraph rate; fixing a maximum passenger rate at 3 cents; increasing the Supreme Court judges to five. During the first week many resolutions, but no bills, were passed by both houses.
The republican minority took every advantage possible in order to prevent the fusion majority from securing absolute control of the leading committees and of the Legislature. The first question of importance considered was the election of the United States senator. At the same time bills of all kinds were introduced,
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committees were appointed, lobbyists appeared like vultures and the historic halls and corridors of Locke Hotel became headquarters for new intrigues, maneuvers and combines. Judge Palmer early and vigorously introduced a stringent rail- road bill in accordance with the recommendation of Governor Lee. The Wheeler bill having also the same object in view was introduced in the Senate. In the House Mr. Dollard also introduced another comprehensive railroad bill. Thus there were three railroad measures pending in the Legislature almost from the start. This was the culmination of the sentiment which had ruled the populist movement during the vindictive and analytical campaign of 1896.
Prohibition was another fitful subject that came prominently before the Legis- lature at this time. S. H. Cramer represented the prohibitionists. Another early bill was one to codify the laws. This bill provided for an appropriation of $30,000, and was favored emphatically by Judge Palmer, U. S. G. Cherry and other lawyers.
Perhaps the capital removal bill at the start created as much interest as any other. Huron sent to Pierre a strong, audacious and persistent lobby headed by John Longstaff and A. E. Chamberlain. Pierre was discreetly and capably rep- resented by Coe. I. Crawford.
At the end of the eleventh day more than 100 bills had been introduced, but only two had been passed by both houses. One extended the time for the state treasurer to make his report, and another made an appropriation for legislative expenses. Among other early measures considered were the following: To prohibit making chattel mortgages except for seed grain; a cigaret law, the age limit being eighteen years; to amend the constitution with a referendum; fixing the salaries of states' attorneys ; fixing the time to elect circuit and supreme judges ; a resubmission bill; to prohibit railroad passes except to state officials, their em- ployes and members of the Legislature; a constitutional amendment fixing the tax limit at 3 mills with a further increase in case of deficiency ; requiring bicycle riders to dismount until teams could pass and to give signal upon passing from the rear ; paying bounties as follows : $1 on coyotes, $3 on gray wolves and $5 on mountain lions, the state to pay the bounties through counties and the owners to have the pelts ; a joint resolution to Congress to secure an amendment to the con- stitution providing for the election of United States senators by direct vote of the people. After fourteen days the railroad bills were still unsatisfactory though they had each suffered many amendments. The opponents of the bills on all occasions employed dilatory tactics to prevent or delay action. Judge Palmer, the leader to sustain the movement, was asked at all times, scores of questions particularly from those who opposed the measure.
In order to facilitate action a sifting committee was proposed for each house, but after due consideration the measure was defeated. The bill to create the office of commissioner of insurance, with an appropriation of $5,000, was delayed for some time. Bouck's license bill became a law in January. The general license was fixed at $300, half of which was to go to the county and half to the state. Wholesale beer licenses were fixed at $600; wholesale whisky and brandy license, $1,000 ; license to manufacture spirituous liquors, $1,000.
No bill during this session created more ill will and bitter contest than the one providing for the abolition of the Board of Charities and Corrections. During the contest open war with arms was threatened on more than one occasion. The
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populists and republicans were vastly divided on the question. The resisting board which the populists under Governor Lee sought to remove was a republican organization. The populists desired to disband this board and to substitute one of their own in its place. On the last day of the session many members of the Senate went to the hall armed with a grim determination never to surrender ex- cept in proper and legal manner their rights and prerogatives.
Late in January and early in February, 1897, the snow was so deep in the vicinity of Pierre that the railroad was blockaded and but two mails were received in two weeks. Members who attempted to leave for home temporarily, became stuck in the drifts at Highmore. The Senate was deadlocked over several meas- ures. The railroad bill had passed both houses and had become a law. It had been cut to pieces, gingerly patched up and had the appearance of a vague and dis- connected piece of legislation. In the end many republicans voted in its favor, so that the populists could not claim all the credit for its passage. The bill was rigid, but not unjust.
The Equal Rights Association had present a strong lobby in support of the bill for woman suffrage. The liquor question was also duly considered at this session. Mrs. Simmons and other members of the W. C. T. U. were steadily at work with the Legislature. The dispensary system and the high license bill were being pushed vigorously by a strong lobby contingent. It was called the Stevens Bill. The Legislature served an order on State Auditor Mayhew to show cause why he should not pay the members 10 cents a mile instead of 5 cents a mile. This was a move to test the constitutionality of the amendment that had carried at the general election two years before. The amendment had reduced the mileage from 10 cents to 5 cents. The woman's suffrage amendment success- fully passed both houses late in February, 1897, and became a law. The Bouck liquor license bill likewise passed both houses late in February. About this time the committee reported in favor of the proposed amendment for the removal of the state capital from Pierre to Huron. The oleomargarine bill passed and be- came a law. Perhaps the most important enactment of this session was that for a referendum and initiative amendment to the constitution. Early in March the osteopathy bill succeeded in passing both houses. Another bill that occasioned sharp debate was the one fixing the bounty on coyotes at $1. gray wolves $3, and mountain lions $5. After the capital removal bill had been defeated the populists liad no serious difficulty in managing the Legislature. The liquor bill provided for state control of the sale of intoxicants, and the bill required that the ques- tion should be submitted to the vote at the general election in 1898. At this session the state insurance department was established. The request by Governor Lee to permit the executive to have authority over the educational institutions was considered unfavorably ; he was refused such power over the charitable and penal institutions because of the immense patronage which such a power would carry. The truth was the Board of Charities and Corrections were unwilling to surrender the political advantages which they exercised in controlling those institutions.
Other important measures at this session were: A uniform educational bill which affected district schools ; general appropriation bill with the items reduced ; an experiment station at Highmore; registration of live stock brands; dedication of certain school lands to the reform school; abolishing the Board of Charities and Corrections; sifting committees for the Legislature : boiler inspection; safe
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keeping of public funds; change in the boundaries of the Third and Fifth judicial circuits; to enforce the clause in the constitution requiring control of monopolies and trusts ; defeat of the capital removal measure; full investigation into the Tay- lor defalcation ; bounties on coyotes, wolves and mountain lions ; passage of a general appropriation bill; creation of the office of insurance commissioner; abol- ishing grace on notes, drafts, etc .; establishing a school of osteopathy and allow- ing it to issue certificates to practice the healing art ; valued policy insurance meas- ure defeated; asking Congress for an amendment to the Constitution providing for the election of United States senators by direct vote; the regency education bill ; defeat of the bill to appropriate $20,000 for exposition at Omaha; resolutions asking United States senators from South Dakota to vote for the free and un- limited coinage of silver without regard to the action of any other nation; giv- ing Mrs. Governor Mellette the family homestead; a legislative apportionment bill providing for 44 senators and 88 representatives; a commission to revise the revenue laws; prohibiting the alien ownership of land; an appropriation to supply the deficiency at the soldier's home. At this session 341 bills were killed in the House alone. Early in March Governor Lee signed the liquor license bill. An important measure was the one extending the term of office of the present Circuit and Supreme Court judges to one year and providing for their election at general elections. The Legislature voted in favor of submitting the question of state control of the liquor traffic to a vote of the people at the next general election. About five hundred bills in all failed to pass the two houses ; fifty-three were lost or stolen. The osteopathy bill was vetoed by Governor Lee on the ground that it had a tendency to encourage fraudulent practitioners. Nine new revenue laws went into effect July 1, 1897.
Other important measures considered by this Legislature, were the following : Mileage of members and their per diem; fixing a time when the state treasurer should file his bond; per diem and expenses of presidential electors ; a joint reso- lution to count the state cash; asking members of Congress to support a free homestead act; asking Congress to make Ft. Meade a military post; asking the Government to investigate the alien ownership of land; providing that the gover- nors of South Dakota and Nebraska should fix the boundary between the two states ; the Palmer railroad law; no appeals from lower courts when the amount involved was less than $75.
In June, 1897, the Aberdeen News said: "The more the legislation enacted by the populist aggregation of last winter is looked into the worse it appears. It got scarcely anything straight and what it did get straight was by accident, and much of that was afterwards spoiled by the incompetency of the clerks. As a matter of fact the aggregation was not interested in measures but in spoils and the wreaking of revenge upon the state officers and private individuals." But this was a partisan view though partly correct. Similar complaints were justly applicable to the proceedings of every legislative session. All things considered the work performed by this session, though somewhat revolutionary and con- fused, was in line of progress and reform that had been charted by the populists.
At the legislative session of January, 1899, A. G. Sommers was chosen speaker of the House, and Senator Gunderson of Clay County was elected president pro- tem of the Senate. It was generally admitted that this Legislature as a whole was one of the ablest assembled in the state for many years. Among the members
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were men of probity, character and eminent ability. Thus the session at the start gave promise of great usefulness if ability, high character and experience were taken into consideration. One of its first acts was to comply with Governor Lee's request for an investigation of the charges against State Treasurer Phillips and into the official conduct of Oil Inspector Dowell.
The session was at first quite orderly, with few violent or extraneous episodes ; but later both houses were thoroughly animated and aroused by the message of Governor Lee. When this had been maturely considered the majority turned their attention to the accumulating bills. At first the governor's message was not received by the republican majority after the usual custom, no doubt partly out of revenge against the populists who two years previously had in a similar irregular fashion refused at first to receive Governor Sheldon's message. Later it was formally received. Immediately after the session opened Mr. Phillips announced that he would contest the right of Governor Lee to occupy the executive chair. At first he was supported by many republicans who maintained that until the Phillips contest should be devided Lee was not certainly the governor. No doubt the refusal of the republican majority to receive Governor Lee's message was in part at least due to the Phillips-Lee contest.
Among the bills considered early at the session of 1899 were one to amend the constitution, one to permit the loaning of school funds in amounts as high as $1,000 to a single person, and one to increase the amount that could be loaned on land to 75 per cent of its assessed valuation. Other important bills were for a state dispensary and for the initiative and referendum. Three bills for a dispensary were before the Legislature: One by Gunderson, supported by the extreme prohibition sentiment ; one by Hanton, favored by the brewing com- panies, and one by Stiles, supported by practical business men, was a somewhat stringent but reasonable license measure.
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