USA > South Dakota > History of Dakota Territory, volume III > Part 39
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trust bill received the favorable consideration of the Senate. A bee inspection bill was considered by the House having previously been passed by the Senate. The telephone companies were placed under the control of the Railway Com- mission by action of the House.
About the middle of February, 1909, the following were among the important measures considered by the Legislature : The 2 cent rate law with the emergency clause attached. This was signed by the presiding officers of both houses and was promptly signed ten minutes later by the governor. The indeterminate sentence and parole officer bill was duly considered. So was the Carey Irriga- tion Act, which allowed private individuals to put in irrigation plants and secure land for the purpose. The bill for the tuberculosis hospital at Custer passed the House with but four dissenting votes. The State Board of Charities and Cor- rections asked the Legislature for $837,000 for the two years beginning July I, 1909. This was required for the maintenance and repair of the buildings of the state institutions. Of this total, $211,000 was for the maintenance of the insane hospital and would come back to the state through the counties. Another question considered was the leasing of state school lands for agricultural pur- poses. Thus far nearly all the leases were for grazing or meadow pur- poses. Several members opposed this bill as unwise because they believed it would open too wide a field for the loaning of the school funds. Another bill was to restrict bank loans to three times the capital stock. The bill to reduce the interest on state warrants from 7 per cent to 6 per cent was amended at 5 per cent and thus passed the Senate. At this time the members of the different state boards were assembling at Pierre in order to present their grounds and reasons for the appropriations and other assistance asked for. A maximum freight rate bili was considered. Also one reducing the specific gravity of gaso- line; a memorial to Congress setting aside a township in the South Dakota Bad Lands as a national reserve. The Herd law was finally killed in the Senate. A bill in that body provided for a state flag to be a blazing sun on a blue field with the words "Sunshine State" in the arc, the flag to be one and one-third times as long as it was wide. The state tax commission problem received much atten- tion at this time. It was proposed to hold an election of legislative members for four years with one half holding over to be considered as a constitutional amendment. The Senate finally passed the bill locating the Inebriate Hospital at Highmore by a vote of 29 to 16. Another bill gave the state the same num- ber of challenges in criminal cases as were granted to the defense. This bill had been riddled by the judicial committee, but its supporter, Mr. Norbeck, succeeded in carrying the measure through. Several Senate members opposed the good roads bill, among them being Mr. Thorson. In the House an attempt to reverse an adverse judiciary committee report on the bill to allow three-fourths jury verdicts cases, was defeated by the lawyers present who opposed this measure. A bill to protect fur bearing animals caused confusion in the House because it included muskrats. This part was opposed by many members present. The Senate finally passed the House resolution for submitting to the people an amendment to the constitution allowing state lands to be leased for agricultural purposes. Another measure considered was one re-enacting the primary election law to cut out two primaries in presidential years and a few other changes. The House passed the bill making it a misdemeanor to drink intoxicating liquors or
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be drunk on a passenger train and giving justices general jurisdiction to deal with such cases. The proposed new Supreme Court districts were agreed upon by the middle of February by the sub-committee. The lines of the proposed districts were changed slightly from those in the original bill. The North Caro- lina bond bill cut considerable figure at this session. It was finally defeated in the Senate.
The total number of bills passed by the legislative session of 1909 was 261. A few of these were vetoed by the governor. In addition there were several joint resolutions and memorials to Congress, the total number passed indicating that the session had been a busy one. It had been unusually void of exciting events, or any radical factional tactics. Bills which passed were as follows: Legislative appropriation for per diem and mileage of members; to amend the justice's code; to amend the probate code; to create a board of dental examiners and regulate the practice of dentistry ; to provide for immediate unofficial reports of primary elections and general elections; the 2 cent a mile passenger rate bill; to hold terms of court in other places than the county seat when the county seat was more than three miles from the railroad; to limit the time of commencing proceedings; to make tax deeds; to prohibit the use of abusive and obscene lan- guage; to require the teaching of vocal music in public schools; to require county treasurers to account for interest on public funds ; to prevent the adultera- tion of linseed and flaxseed oil; a veterinarian practice law ; to require assign- ment of tax certificates ; describing the manner of redeeming tax properties from sale; to require the employment of teachers on three-fourths petition ; to change the name of the Deaf Mute School to the School for the Deaf ; to appropriate funds for furnishing the Spearfish Normal; to appropriate money for the land office filing fees; to appropriate funds for per diem and expenses of electors ; to authorize county commissioners and town supervisors to establish highways; to regulate the general powers of cities and incorporated towns; to regulate the powers of trustees of incorporated towns; to provide for county aid to county fairs; to regulate the incorporation of independent school districts; to require real estate transfers to be reported to county auditors; to regulate elections in independent school districts ; to fix the time for holding court in the Fifth Judicial Circuit; to prescribe form of initiative and referendum ballot; to amend the civil code; to regulate the foreclosure of liens on mining property ; relating to the sale of indemnity common school lands; protection of birds and their nests; making the possession of burglar's tools a felony; attaching Meyers County to Lyman County for judicial purposes; appropriation for the National Guard; to regulate the service of summons in justices' courts; to fix the jurisdiction in county courts; to regulate boundaries of school districts including incorporated towns; appropriation to repair Science Hall at the State University; to ratify special assessment against state property in Minnehaha County; to legalize the incorporation of Wessington independent school district; to hold all city and town elections on the same date; to limit jurisdiction of newspaper libel to the county where the paper is published; to establish a tuberculosis sanitarium at Custer; relating to inspection of horses; to define the qualifications of county supervisors ; relating to the fees of charitable and benevolent societies; relating to taxation in school districts containing towns; printing appropriation bill; for casement of right of way to isolated tracts of land; to increase the Supreme Vol. III-18
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Court to five members; to provide for the reincorporation of charitable and benevolent societies whose charters have lapsed; relating to county records; to prevent gambling on passenger trains; to prevent drinking intoxicants on pas- senger trains; to prevent the use of schoolhouses for public meetings ; legalizing courthouse bonds by the City of Woonsocket; to fix the time of court terms in the Eighth Circuit ; providing for drainage of state lands; relating to oil inspec- tion ; to refund purchase money on illegal tax sale; relating to accounts against incorporated towns; creating a commission to plat grounds at Redfield Hospital ; to regulate the issue of school bonds; creating the County of Corson; relating to the conveyance of homesteads; prohibiting the creation of deficiencies; anti- cigarette bill; relating to penalties for refusal to perform official duties; fixing compensation of county commissioners; relating to land marks; authorizing the levy of a 2 mill deficiency tax; amending the primary election law; authoriz- ing electric light and power companies to acquire property under eminent domain ; anti-treating law; relating to intoxicating liquors; amendment of hotel inspection law; relating to quit claim deeds; fixing terms of court in the Sixth Circuit; fixing jurors' fees; changing the name of the school for the blind; pure food law; relating to county courts; changing time of tax sales; relating to the col- lection of city taxes and special assessments; relating to lien lands granted by the United States Government; relating to the Board of Medical Examiners; creating a committee to examine accounts of state departments; relating to the issue of state warrants; relating to dependent, neglected and delinquent children; a new primary election law; appropriating funds for defending railway injunc- tion cases; to establish a live stock sanitary commission; authorizing an involun- tary bank deposit insurance association; the appropriation for experiment farms at Eureka, Cottonwood and Harding; to regulate and supervise telephone com- panies; authorizing the state fair board to acquire property by condemnation proceedings ; providing for the disposition of unclaimed dead bodies; to fix sala- ries of county auditors on basis of valuation ; to prohibit abduction, etc .; appro- priation to pay assessments for grading streets adjoining capitol grounds; to regulate the salaries of resident officers for the State Hospital for the Insane; appropriation for the manufacture and distribution of hog cholera serum; to require railway stock yards to be equipped with watering troughs and feed racks ; to provide for county tree planting and cultivation; to regulate the compensa- tion of registers of deeds in counties having unorganized counties attached to them; appropriation for salaries of two additional supreme judges; amending the session laws of 1907, relating to the place of trial in civil actions; relating to articles of incorporation and the election of directors ; authorizing counties of 20,000 population to establish county hospitals ; relating to weights and measures; limiting the time for commencing foreclosure of real estate mortgages; to define a punishment for contributory delinquency ; to create the office of public building inspector; authorizing cities of 5,000 population to create park boards; creating the new counties of Todd, Mellette and Bennett; to provide for a state dairy expert to prevent adulteration of cream products, creating state health laboratory ; providing for a central light and power plant at the State University ; providing for an appropriation for the State Board of Agriculture and State Fair; relating to fencing of railroad tracks; uniform rules of court practice act ; authorizing railway commissioners in proceedings before the Interstate Commerce Conmis-
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sion; making defective instruments partial notice in certain cases ; legalizing a certain bond issue for the City of Fort Pierre; requiring railroad companies to number warehouses; fixing time within which officers should qualify; electric headlight measure; relating to the government of charitable and penal institu- tions ; county option submission law; relating to the election of county commis- sioners; limiting the contingent liabilities of policy holders in mutual companies ; limiting fire insurance companies, requiring viaducts at street crossings on order of railway commissioners; authorizing acceptance of lands granted to the state by act of Congress; relating to the duties of railroad companies; relating to issue of deeds in foreclosure of mortgages ; requiring certificates of inspection and weighing of grain to be forwarded to shipper; prohibiting any person from taking any intoxicating liquors or narcotics on the premises of any state institu- tion; providing for construction of sewers in cities and towns; amending the political code of 1903; relating to salaries of county judges; relating to corpora- tions ; defining who should constitute the officers and employes of the Legisla- ture; requiring engrossing and enrolling bills to be done in typewriting; pro- viding for equal number of challenges by the state in the prosecution of criminal cases; relating to the satisfaction of chattel mortgages; prescribing the manner of signing and satisfying mortgages given in part payment of state lands ; relat- ing to garnishments; exempting volunteer firemen from poll tax and jury duty ; authorizing the sale to the City of Sioux Falls of certain state lands ; fixing maximum express rates ; a pure food and dairy product law; a standard form of fire insurance policies; relating to municipal courts; providing for the re- covery of damage for injury from wrongful deaths; requiring railroads to report wrecks and accidents involving loss of life or injuries; creating the Tenth Judicial Circuit ; regulating the incorporation of towns and reducing the number of inhabitants required to incorporate; relating to the admission of evidence of civil procedure ; exempting undertakers and embalmers from jury duty ; relating to highways on township lines; providing for transcript of records of newly organized counties; relating to the division of organized counties; relating to mortgages and liens on personal property ; prescribing the powers and duties of water users' associations; giving boards of control supervision of the printing of their own reports; relating to the organization of Perkins and Harding counties ; requiring records of precious metals to be kept by jewelers and dealers ; legalizing the issuance of certain bonds in Stanley County ; regulating the issue of funding bonds by towns; to prevent trespass on state lands; providing for the transportation of girls to the State Training School escorted by a matron ; defining and punishing the crime of receiving stolen products; to provide for establishing highways to avoid bridging; making the permanent printed journals of the Legislature the official record; fixing attorneys' fees for foreclosure by publication ; regulating fees of county treasurer; relating to taxation in unor- ganized counties ; consolidating unexpended balances in railroad commissioners' funds ; relating to construction of bridges between two or more counties; relating to assessment and taxation; to prevent the introduction of diseased sheep into the state; to prohibit townships from granting license to sell liquors within 21/2 miles of any towns which prohibit it; authorizing consolidation of funds of food and dairy commissioner's office ; excepting certain railroads from the provisions of the 2 cent rate law on account of heavy grades ; to regulate
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the loaning of sinking funds of incorporated towns and cities of third class; to enable county treasurers to maintain actions against residents for collection of taxes ; to require railroad companies to provide switch lights at night; to regu- late the transportation of dead bodies; a general banking law; general insurance law; a uniform educational system law; relating to the State Board of Agri- culture; providing an enlargement of the chemical laboratory of the agricultural college; relating to the apportionment and investment of the permanent school fund; to provide for the inspection of bees and prevent disease among them; prohibiting architects on public buildings from accepting commissions from manufacturers or dealers in materials or supplies ; requiring railroad companies to install safety appliances on order of railroad commissioners ; requiring barrels or packages of oil or gasoline to have test label on them; general game law; to prevent introduction and spread of dangerous insects and plant diseases ; defining the South Dakota state flag; relating to valuing policies and regulating life insurance; an anti-trust law; fixing terms of court in three judicial circuits ; creating the State Board of Finance; creating two congressional districts; regu- lating acceptance of gifts to the state; regulating the collection of grants or bequests to the state; relating to the summons of jurors by mail; relating to oil inspection ; relating to the management of the state twine plant; requiring bond from public building contractor for payment of labor and material; repealing the nursery act of 1907; to prevent persons not dealers from selling or giving liquor to persons on a black list; attaching Perkins and Harding counties to Butt County ; fixing salaries of state's attorneys.
At the legislative session of 1911 the new State House was occupied for the first time. There were present 45 members of the Senate and 104 members of the House. C. J. Morris of Minnehaha County, was unanimously chosen speaker. Mr. Issenhuth, of Redfield, had been candidate, but retired when he saw that he could not be elected. Judge Whiting, of the Supreme Court, ad- ministered the oath of office to the newly elected state officials in the Hall of the House of Representatives. A. J. Lockhard, of Deuel County, was made president of the Senate. Immediately the committees were appointed and the Legislature prepared for business. A notable feature was the absence of any considerable body of lobbyists. However, one was present representing the anti- saloon league. It was noted at this session also that the glory and glamour of the old days when the railways controlled the legislatures had departed forever. It was declared that the Legislature of 1911, for the first time in the history of the state, was wholly free from corporate influence. There were present no railway lobby as of old. It was noted that the speaker was not even given the usual advice as to whom he should appoint on the various committees.
Among the important measures first considered were the following: A tax and assessment system; improved educational code; change in primary law ; enlargement of the powers of the railroad commission ; additional insurance law ; a movement in the direction of better roads; to amend the constitution in regard to the initiative and referendum; consideration of telephone matters ; an improve- ment to the game laws and the appropriation bill.
Late in January, 1911, the Legislature considered the following measures : Regulating the sale of concentrated commercial feeding stuffs and stock foods ; defining the duties of the food and drug commission ; providing for pure seed
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offered for sale within the state; requiring express companies to pay double the amount of damage from injury or loss of property committed to them for trans- portation by express in certain cases ; for a new well at the university ; recreating the office of the commissioner of immigration; this office had been abolished by the Legislature of 1909; creating an immigration bureau with a chief to be appointed by the governor; a new primary bill which placed the county boards in charge of primary elections.
Early in February, 1911, the following measures were being considered: To make all poor farms of the state ex-officio experiment stations; a bank guaranty proposition ; Richards primary law; the saloon issues which included the anti- treat bill and increased the license fee; an electric headlight measure; the Bige- low election bill. The railways made a strong fight against the electric headlight bill. They contended that as the bill had lost at the election of last fall, the measure really was not wanted by the people. The railway men assumed that the state had already expressed themselves against such a law. The Cone pub- licity bill provided for the printing of a large number of legislative bills; regu- lating the speed of autos in passing teams; requiring the amount of the debt to be shown in mortgages; a Sunday observation law; to prohibit the shipment of liquor from a wet town to a dry town; building of a governor's mansion at Pierre.
About the middle of February the following measures were being discussed : A public utilities bill, the object being to put all public utilities of the state under the control of the State Railway Commission; to create a commissioner of noxious weeds; also one to provide for poorhouse and jail inspectors for the state; the Soldiers' Home investigating measure. By the middle of February very few bills had been passed, but a large number had been introduced and the bulk of the work therein was yet to be done. As usual, both houses at this time began to devote their sole attention to the consideration of the measures. Most of the work in committee had been done and the severe work now of battling for and against the bills on the floor was about all that was left to be considered. The governor immediately signed the daylight closing saloon act about this time, the measure having gone through quickly when it was once taken up. The forced closing of the saloons at 9 o'clock was one of the hardest blows that had been struck in the state against the liquor interests up to this time.
Other measures considered late in February were those to make every Satur- day afternoon in the year a legal holiday ; to change the salaries of county judges ; to appropriate funds for the office of state food and drug commissioner; to provide damages for trespass of animals; to improve the service of the state dairy department by the employment of a state dairy expert; to prevent the adulteration of milk, cream and dairy products; to regulate the manufacture and sale of dairy products ; to require the publication of all constitutional amend- ments and print laws in pamphlet form and to send them out to the voters of the state; the vote on this bill was 76 for and 2 against in the House; to appro- priate $2,500 for continuing farmers' institute work, the balance of the fiscal year; this was defeated in the Senate; to provide for 1,500 candle power headlights to railway locomotives; to repeal the law locating a contingent insane asylum at Watertown; to repeal the state wolf bounty law; to repeal the free range law; to provide that the circuit judge might commit to the insane
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asylum any defendant acquitted on a criminal charge where the defense was insanity ; up to this time, upon the trial of such cases in circuit courts, the judge was obliged to turn the defendant over to the insanity board for a decision in the matter and they could, if they so found, turn the defendant loose, or the judge could take such action himself.
Late in February, 1911, both houses were working all day and part of the night on the large number of bills which were yet to be disposed of. It was noted that both houses turned down many measures which their friends had supposed would surely pass. The slaughtering process began the last week in February and many pet measures were deliberately sacrificed. It was stated that the members who had waited until the latter half of the session to introduce their measures in order that they might slip them through under cover and thus have a record on which to go back to their constituency, were doomed to see such measures defeated without mercy. The early bills were the ones that received greatest consideration. The members looked with suspicion on all bills (except their own) that had been introduced at the last minute.
The bill for the protection of fish evoked considerable debate in the House, and when it finally passed it was riddled and transformed to a considerable extent. 'The bill which required the publication of the proceedings of the school boards of cities was defeated in the House. There were present at this session four persons who were present at the first session of the State Legislature. They were Lieutenant-Governor Byrne, Senator Cone, Representative Wolse- muth and Representative Frank Trumbo.
During the few closing days of the session the House fought for fifteen consecutive hours over a few items in the general appropriation bill. The only relief from this strain was the closing hilarity invariably present during the last few hours. It was stated by the newspapers that this legislative session was without a parallel since the beginning of statehood in several important respects. It was the first session at which there had been no organized following. The Senate had been more dignified than ever before. The House had been at times convulsed with spasms of reform or personality, but as a whole both houses had been unusually orderly and regular. However, one unusual circumstance mili- tated against the rapid consideration of bills. Groups would form for the sup- port of a bill, but perhaps when the next measure came up an entirely different group would be prominent. There was considerable log rolling at this session. No great measure had been considered unless the Richards primary bill could be so considered. Individual bills or bills for the benefit of certain localities were numerous and pronounced.
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