History of Dakota Territory, volume III, Part 38

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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cultural society ; appropriating money for repairs at the Madison Normal School ; appropriating surplus oil inspection funds to the agricultural college for pur- chasing apparatus for the laboratory; appropriating money for the use of the state court; providing for organization and control of state banks; proposing an amendment to the constitution to increase the salary of the attorney general; memorializing Congress to require more prompt delivery of telegraph messages; prohibiting the adulteration of cigarettes and prohibiting the sale of cigarettes or tobacco to minors; providing for appointments of road overseers by a board of trustees of towns; appropriating $100 for the expenses of the investigating committee ; creating a state board of agriculture with a secretary who shall be ex-officio immigration commissioner ; appropriating money for premiums at the state fair; appropriating money for the erection of buildings at the state fair ; authorizing cities to fund their bonded or floating indebtedness at a lower rate of interest at the vote of the council; appropriating money for a building at the insane hospital; legalizing irregularities in the incorporation of towns; requir- ing county surveyors to approve town plats before they are filed; requiring local insurance companies to include their by-laws in their policies; providing for a chaplain at the reform school; fixing terms of court for the ninth circuit ; put- ting into effect the referendum petition of the county option law; increasing the salary of the mine inspector; authorizing and empowering the railroad commis- sioners to enter warehouses to examine the books of such concerns; appropri- ating money to pay insurance premiums on the live stock pavilion at Mitchell. All of the above were Senate bills or resolutions.

The following house bills or resolutions passed and became laws: Providing for an investigating committee for the investigation of state officers and congres- sional delegates; asking Congress to submit to the state a constitutional amend- ment for election of senators by popular vote; asking Congress to assist the Presi- dent to secure equitable adjustment of transportation charges : increasing the fee of town clerks and supervisors to $2.50 per day; general anti-lobby bill requir- ing registration in the office of the secretary of state of all legislative agents and attorneys; authorizing the granting of 30-year franchises to street railway companies if a vote of three-fifths of the electors is secured for the franchise ; fixing the manner of issuing the patents to state lands where there has been a transfer of contract of sale; providing for supplying copies of Supreme Court reports to state officers; memorializing Congress to remove the restrictions from the manufacture of denatured alcohol; adding Lincoln's birthday to the legal holidays of the state; providing for supplying the law department of the state university with copies of the code and session laws; making wife desertion a misdemeanor and providing penalties for the offense; limiting the time of con- tinuous employment of railway employes to sixteen hours; repealing the law creating the office of county beef and hide inspector ; providing for the destruction of noxious weeds on highways and private property; establishing a department of legislative reference in the department of the state historical society; allow- ing sureties on official bonds to limit their liabilities on such bonds; authorizing the consolidation of certain funds in the office of the state treasurer; memorial- izing Congress to open Tripp County to settlement; the same to pass a law increasing the powers of the Interstate Commerce Commission; a general pri- mary election bill for all state congressional, judicial and county officers; grant-

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ing to city councils power to destroy weeds, to clear snow from the sidewalks at the expense of the property; requiring railway companies to pay double dam- ages for stock killed on their roads where they took their cases into court and judgment for the amount asked for is secured; authorizing city councils to fix saloon limits and to summarily revoke liquor licenses for the violation of the laws; providing for supplying the state law library with Supreme Court re- ports ; providing voting qualifications for electors living in school districts which lie in two counties ; the employers' liability of fellow servant act; providing for appeals in criminal cases instead of carrying them on writs of error; prohibit- ing the paralleling of railroad lines within eight miles without the consent of the railroad commission; a general hotel inspection law; empowering county com- missioners to appropriate not to exceed $1,500 for the erection of soldiers' mon11- ments ; authorizing the state land department to sell beetle infested pine timber on state land; increase the per diem of judges and clerks of election to $3 per day; empowering state railway commission to fix railway passenger rates not to exceed 21/2 cents per mile ; exempting members of volunteer fire departments from poll tax; authorizing circuit judges at their discretion to allow the jurors and bailiffs $3 per day; granting and dedicating to the public certain lands at Springfield for a street ; prohibiting Sunday games and Sunday amusements for which a fee is charged; giving a more liberal construction to the state referen- dum law ; legalizing deeds and other instruments related to real estate transfers by foreign corporations ; prohibiting law partners of county judges from prac- ticing in their courts; repeal of the law authorizing cities to sell or dispose of municipal water plants; providing for double damages from loss of property by fire set by railroads if they take the case to court and judgment for the amount asked is secured; increasing annual levies for labor purposes from 1 mill to 1 1/2 mills ; providing for loaning sinking funds for incorporated towns; prohibit- ing the sale of liquor within 300 feet of a church or 200 feet of a school; pro- viding for the transfer of feeble minded and epileptic persons from the reform school to the Redfield Asylum for the Feeble Minded; providing for the pro- tection of all birds in the state, and their nests, with the exception of the hawks and blackbirds; this was called the Audubon Bill; giving electricians power to operate electrical baths for healing purposes; authorizing officers of a corpora- tion to execute any instrument of transfer or assignment ; legalizing the transfer of real property by a guardian in certain cases relating only to Indian lands ; appropriating money for the publication of a proposed constitutional amendment in 1906; providing by general law, for the division of organized counties under the provisions of the constitution ; dispensing with certain acts of administration in Indian land cases; fixing terms of court in the fourth judicial circuit ; mak- ing it unlawful for a railway company to abandon an established station unless by consent of the railway commission; asking Congress to establish a depart- ment of mines and mining engineering; providing for the inspection of fruit trees offered for sale in the state and requiring dealers in trees to give a bond; extending the boundaries of Tripp County north to White River; authorizing a levy of 11/4 mills general state tax to create a fund for a twine plant at the peni- tentiary ; providing for the distribution of money received from the Government for sale of timber on forest reserves, 90 per cent to roads and 10 per cent for schools ; authorizing the railway commission to employ expert assistants and find

SENATE CHAMBER, STATE CAPITOL, PIERRE

HOUSE OF REPRESENTATIVES' CHAMBER, STATE CAPITOL, PIERRE

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the true cash value of railway property in the state for the purpose of fixing rates; asking Congress for an appropriation of $3,000 to turn the waters of West Vermillion River into Silver Lake; fixing terms of court in the sixth judi- cial circuit ; limiting the number of saloons in a town to I to each 300 inhabitants ; fixing terms of court in the first judicial circuit ; making clerks of court ex-offi- cio superintendents of vital statistics; requiring a two-thirds favorable vote of the electors of an incorporated town for the expenditure of money for road improvements outside the limits of the state; limiting quasi-criminal cases to three years; providing for protection of parties furnishing supplies or materials for public improvements ; authorizing county commissioners to appropriate.money to aid county agricultural associations ; prohibiting unfair discrimination in prices between different points by dealers in commodities ; placing county judges in the list of committee magistrates; granting greater powers to trust companies and protecting them in the use of the name trust ; allowing personal service of sum- mons on non-residents without publication ; requiring paint to be marked with the formula of the ingredients providing for pure paint and white lead; pro- viding for classification and sale of state lands, a certain per cent to be sold each year until one-fourth has been disposed of; requiring stock foods sold in the state to be labeled with a formula of the contents ; making city assessors appoint- ive instead of elective; authorizing cities to install and operate municipal tele- phone plants ; providing for a secretary of the state board of charities and cor- rections; providing for manner of loaning independent school district sinking funds and the class of securities in which they may be invested; amending the irrigation clause providing for the use of water for power and mining purposes as well as irrigation; requiring the counties to pay expenses of the election of officers ; limiting the collection of fees with service of summons without officers ; directing the board of regents of education to make selections of lands for the use of the experiment stations west of the Missouri River; appropriating 25,000 acres of endowment lands to the support of the state experiment stations ; appro- priating money for clerk hire in the department of history; providing limit of time for beginning suit for personal damage; authorizing city councils, school boards and county commissioners to appropriate money for the construction of a sewer at the reform school; appropriating money for the soldiers' home board ; providing for grading cream and prohibiting the manufacture of impure cream into butter; dispensing with the probating with non-residents of cities in certain cases; asking Congress to amend the enabling act of the state to allow the lease of more than one section of land to any individual or company for longer periods than five years; providing that certified copies of papers in the department of history may be used as evidence in court; regulating the practice of medicine ; allowing certificates to be granted without examination in certain cases; raising the age of consent to eighteen years; repealing the honest caucus law of 1905; providing for protection of quail for five years; fixing punishment for gambling ; providing inducements for the sinking of artesian wells upon leased state lands ; amending the law allowing the recovery of five times the amount lost in gambling for the benefit of the school fund and placing the beginning of the suit in the hands of the county superintendent of schools; fixing the salary of the clerk of the Supreme Court ; providing for compulsory education of Indian children; asking Congress to require that all lumber placed on the market shall be the

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same as it is represented to be; asking Congress to appropriate money for the extermination of wolves; amending the laws of 1905 in regard to parties trans- ported to the school for feeble minded; requiring operators of steam threshers to give bonds or take out insurance for fire losses; appropriating money for an addition to the live stock pavilion at Mitchell; appropriating money for the pub- lication of the Supreme Court reports; appropriating money for the expenses of the committee to investigate the fair grounds at Huron; requiring surety com- panies to deposit with the state treasurer larger amounts. There were a number of other bills which were acted upon during the last few days in the session and which are not included in the above list.

In January, 1909, both Houses of the Legislature took the oath of office, Presiding Justice Haney, of the Supreme Court, swearing in the senators, and Justice Whiting, the members of the House. Both Houses then met in joint session, while the new state officers were sworn in by Justice Haney. Governor Crawford, who was retiring, read his message, which was immediately followed by the reading of the message of the incoming governor, Vessey. At the recep- tion given by the governor, the gathering was the largest of the kind in the his- tory of the state. It was said it required over an hour for the party to pass the reception committee. After the inaugural ceremonies were out of the way, the lawmakers began the active work of introducing bills.

Early in the session Coe I. Crawford was nominated for the United States Senate and the nomination was seconded by practically every other republican member on the floor. At the democratic caucus, Andrew E. Lee was nomi- nated and his nomination was likewise seconded by nearly all democrats pres- ent. The vote was strictly on party lines, Crawford receiving the republican support and Lee the democratic. In the senate the vote stood 45 for Crawford and 6 for Lee. The two legislative bodies met in the hall of the House on Wednesday of the first week and Mr. Crawford was declared to be duly elected United States senator for the term expiring in 1915. Senator Crawford was called out and delivered a short, pointed address in which he expressed his appre- ciation of the honor conferred and pledged his best efforts in the performance of his duties. He declared he had no malice on account of the bitter fight of the campaign and that no one need hesitate to come to him for any favor which they desired at his hand. He pledged his fidelity to the issues of the party which elected him and was heartily applauded.

The first sharp contest was over the question of printing the House Jour- nals, several cutting speeches being made. One of the questions first considered concerned the sale of patent medicines and inquired to what extent they were adulterated and impure. Even on the first day, bills began to be introduced. Another provided for depositories for the state county funds; for pure drugs; for the establishment of a state inebriate hospital at Highmore; for increasing the number of members of the Supreme Court to seven; for a 2-cent railway rate bill; for a bill prohibiting diseased sheep from being brought into the state. It was stated that should the state hospital for the inebriates be established, it should be supported by the saloon license fund. The people of Highmore formed an organization and were prepared to fight for this measure and were willing to pay a considerable sum to secure it.

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Other early bills introduced were the following: Providing for five members of the Supreme Court, in which bill an attempt to eliminate the Missouri River as a political dividing line was undertaken; good roads bill carefully pre- pared in order to avoid the objections which had wrecked the bill of a similar nature two years before; to prevent drinking on railway trains, the bill giving railway train operators police power to prevent such action, and making liquor drinking under certain circumstances a misdemeanor; making gambling on trains a misdemeanor; a proposed amendment to the constitution to allow an increase in state taxes to four mills annually in case that much should be needed; pro- hibiting the manufacture, sale or offering for sale of cigarettes anywhere in the state ; requiring railways to put in track scales and to build and maintain joint stations at railway crossing points ; prohibiting owners and stockholders of brew- eries from taking any part in the retail trade in South Dakota; requiring pre- cinct officers and county auditors to make immediate election returns outside of the official returns.

The Legislature at this time required all lobbies to register and by the mid- dle of January the list was long and ominous. Among those present were rep- resentatives of the state dental association; the state veterinarian and the Audu- bon societies. Bills covering their wishes were being prepared. It appeared that several towns as well as Highmore were after the inebriate asylum. Dell Rapids wanted it. Miller also desired it. There was present during the early part of the session a railroad lobby in anticipation of the important changes in the proposed rate bills. One bill introduced early proposed to create six new counties on the Cheyenne and Standing Rock reservations. At an early date the Senate railway committee reported favorably on the 2-cent rate measure, elec- tric headlight and express bills. Perhaps at this time these subjects were the most important before the Legislature. Another measure a little later was the establishment of a state tuberculosis hospital at Custer. About this time the equal suffrage representatives present expressed dissatisfaction with the reso- lutions that had been introduced for their benefit, owing to the restrictions and limitations placed upon the voting rights of women. It was not satisfactory to the equal suffrage leaders and had been presented without their sanction and without consulting them. Another early movement was to change the school law in many important particulars, especially in regard to third grade certifi- cates which had been eliminated by the previous Legislature. The new measure proposed to restore third grade certificates.

The resolutions to submit to the people the question of increasing the salary of the attorney general was changed so as to allow the Legislature to fix the salary. This passed the House by a vote of 67 to 33, after considerable oppo- sition.

By the middle of February both houses had settled down to hard work on the numerous bills that had been introduced. The 2 cent rate bill was one of the most important considered at this time. Attempts to postpone action on this bill were made in order to give members time to confer with their constituents dur- ing the coming recess. Other members took the position that the people of the state at the polls had decided in favor of the 2 cent rate bill, and that the word of a few constituents during recess should have no effect upon action of members concerning the bill. Other members opposed any action whatever. Other meas-

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ures now considered were the following: Memorial to Congress in favor of the 640-acre homestead; a bill making important changes in the clerk forces of the Legislature; a good roads proposition ; and the Herd law.

Another measure fought over was a bill to allow attorneys and physicians to use railway passes under certain restrictions. The Senate passed a bill re- quiring railway companies to report promptly all fatal wrecks to the Railway Commission; authorizing the Railway Commission to appear in cases in which the state was interested; requiring railroads to report to the commission the number of elevators along their lines. R. O. Richards appeared before the election committee with his new primary election bill, which provided for the distribution of state patronage through legal procedure and made other important changes.

Late in February and early in March, 1909, the Legislature considered many important measures, among which were the following: Important changes in the school laws particularly concerning teachers' certificates; a movement for a state tax commission, the members to be three with regular salaries and full powers to examine witnesses and fix values; appropriation bills both general and special; cottages at the Soldiers' Home; an appropriation for the completion of the new capitol building; the adoption of a military code for the state militia; Alexandria became a candidate for the Inebriate Hospital; to prevent the loca- tion of elevators to near railway tracks; several initiative petitions were received to submit county option to the people at the next general election. One petition to this effect carried about eight thousand names. By the first of February, about thirty bills affecting railroads had been intorduced into both houses. A few were duplicates and the majority were trivial. The only railway bill which had made any progress so far was the 2 cent rate bill and the electric headlight bill. The railways were not making any serious fight against any of these meas- ures thus far. Both houses agreed on fixing February 15th as the last day for the introduction of new bills. An attempt was made to abolish the office of road overseer and to abolish all work to be done under contract. The Herd-law bill came up for consideration again. Early in the session the Senate passed a reso- lution memorializing Congress for free lumber and timber. A bill in the House to carry out the state request to select lands for forest reserve purposes and another to appropriate money for the manufacture and distribution of hog cholera serum at the agricultural college were discussed. The druggists' associa- tion of the state was responsible for the pure drug bill, but it had its enemies and resulted in a sharp fight in both House and Senate. An attempt to place the whole matter under the food commissioner was voted down. Finally the bill with some amendments passed the House by a vote of eighty-eight for and nine against. The House passed the bill to allow terms of court to be held in other places than the county seat. The house committee reported favorably on the Tuberculosis Hospital at Custer and also on the equal suffrage amend- ment to the constitution. Other bills debated were amending the manner of redemption of property sold on mortgage foreclosure; prohibiting the use of profane and abusive language; calling upon Congress for a constitutional con- vention for amending the national Constitution to elect United States senators by direct vote; memorializing Congress to make Fort Meade a brigade post ; authorizing cities to create park commissions ; providing for a state department

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of immigration ; putting telephone inspection under the railway commissioners. Several important insurance bills were likewise introduced at this time and were being considered. By the 10th of February the railroad rate bill had become a law in this state, having been passed by the Legislature and signed by the governor. It provided for a 2 cent fare on railway ticket books. It was enacted against the better judgment and conscience of a large majority of both House and Senate. Many believed that the rate was too low for the railways of South Dakota at this time. No one wished to oppress the railroads and all decried any popular stampede and looked with regret on any action that was sustained merely by political motives. Others intimated that this action was caused by the protracted fight of the railways against the 21/2 cent rate law- a measure of revenge.

The closing hours and days of the Legislature of 1909 were fraught with numerous incidents of interest. The general appropriation bill received due consideration, and before being presented had been agreed to practically by both houses. There were numerous lobbies present, and many special matters were urged by their representatives. The warmest fight of the session in the House was over the Senate bill to give the state an equal number of peremptory chal- lenges with the defense in criminal cases. This was vigorously fought by the lawyers of the House and was opposed by members outside of that profession. However, lawyers were defeated and the measure passed. Special appropria- tions at this session were looked at with much suspicion. The first one up asked for $50,000 for buildings at Redfield Hospital. It was defeated, but came up for reconsideration. The next special bill was for an appropriation for extra buildings at the state university. This was likewise checked for a time. Both houses held afternoon and evening session near the close and devoted the morn- ing hours to committee work. In the Senate there was a lively fight over the drug bill. Another in the Senate was over the bill to divide the state into con- gressional districts. The Senate finally passed a bill to exempt certain railroads in the Black Hills from the provisions of the 2 cent fare law. It also passed a bill to punish the larceny of cyanide products, which bill had been badly defeated at a previous session. The House passed the amended primary law which cut out the double primaries every four years, eliminating county conventions and fixed the primary date in June; allowed nominations in plurality vote; cut out the 30 per cent provision of the old law and prohibited the county committee from filling vacancies on the ticket except in case of sickness or death. Another bill considered authorized cities of 5,000 population or more to create park boards and to grant the power of eminent domain for setting of poles and string- ing lines for electric power lines. Another fixed the salary of the secretary of the State Board of Agriculture. Another required a vote of the people before any new state institution could be created. Another regulated the management of farmers' elevators. Others were preventing sales of stocks of goods in fraud of creditors ; to commit dope fiends to the insane hospital at Yankton; the anti- treat measure. The cigarette bill was finally passed by the Senate. A resolu- tion in the House provided for the acceptance of the buildings at the Chamber- lain Indian School as a gift from the general Government, with a proviso that a state school should be kept in existence there at which Indian children should have free tuition. This measure was abolished by the Legislature. An anti-

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History of Dakota Territory, volume III, Part 38

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