History of Dakota Territory, volume III, Part 83

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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In December, 1912, the first annual report of the state executive accountant was made to Governor Vessey. The wisdom of the Legislature in creating the department was justified by the results shown in the first report. There were many perplexing and embarrassing duties, and the law thus far was more or less experimental and insufficient. The department was really a state detective bureau. It was regarded as the people's instrument whereby, through the accountant, the public could see exactly what was transpiring in all the state departments. He was required to examine the accounts of all state officers, departments, boards, and commissions, including the penal and charitable and the educational institu- tions. It was possible, also, under the law to require him to examine and audit the accounts and books of all county officers. Many questions arising in this department at the start were submitted to the attorney general for his opinion. The report showed that the accountant had been afforded every facility and courtesy for the execution of his duties. Every institution placed under his inspection willingly and freely gave full accounts as required by law. Through an oversight in the preparation of the law, no fund was provided to bear the expense of certain portions of the work. It was recommended that work done in counties should be paid for from money raised in such localities. Other recommendations were as follows: To require the accountant and his assistants to give bonds ; to make mandatory on all departments, institutions, boards, com- missions and county officials the use of all books, forms and blanks furnished by the accountant or his assistants in order to secure perfect harmony and uniform- ity throughout the entire state; to authorize the accountant to examine the books and accounts of city, town and village school district officers; to secure still fur- ther uniformity and to cover a wider field; to keep on file for examination and'


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inspection copies of all reports; to authorize the accountant to issue subpoenas and compulsory process to secure the attendance of witnesses and the production of books and papers; to prescribe the duties of the proper legal officer in insti- tuting civil action on behalf of the state or taxing districts for the recovery of fees or public funds misappropriated; to increase the annual appropriation, it being only four hundred dollars from the last Legislature for the incidental expenses covering two years.


The accountant showed how insufficient had been the appropriation of $400 even to start him on his duties. He was compelled to secure the loan of a dis- carded typewriter with which to do his own office work, and to do all his own typewriting when he should have been engaged in checking the records of some department or state institution. He reported it a physical impossibility for one person, single handed, to comply with the law and make an examination of all officers, departments, boards, commissions, penal, charitable and educational insti- tutions. The first year occasioned the hardest work, because the accountant was compelled to go back over the years and lay a proper foundation for future operations. He asked for increased appropriations to meet necessary expend- itures. There was no uniform system of accounting in force in the state penal, charitable and educational institutions. The accountant worked out a system to be installed in these institutions to create uniformity and facilitate checking operations. He made many recommendations in addition to the above. He had examined the records and accounts of all the state offices, the state departments and all the state institutions with few exceptions and these were on the way. In addition he had examined several of the counties, but for lack of funds had not been able to continue. He pointed out numerous small discrepancies here and there which should be corrected by special legislation. In several institutions crude systems of bookkeeping were in vogue. The first accountant was J. E. Trurand. As a whole his work was highly satisfactory to the people of the state.


In 1915 an important Supreme Court decision concerning hunters and fisher- men was handed down, Judge J. H. McCoy rendering the decision. The effect of this decision was to abrogate the custom of leasing the best shooting ground in the state to men of large means to the exclusion of sportsmen of limited incomes who were unable through lack of money to lease private game preserves during the hunting season. For several years it had been the practice of wealthy men both from within and without to lease the best duck passes in the state. This decision served to prevent such inroads by outsiders.


In the spring of 1915 $300,000 worth of state revenue warrants similar to those which had been issued almost annually for many years past, were offered for sale by the state authorities, and were taken up partly by the bankers of this state. In 1914 the amount of warrants thus sold was $500,000, all of which were taken up by the First National Bank of Chicago which bid 472 per cent. The best offer from a South Dakota bank was 4.37 per cent. Many banks of the state would have been willing to pay as much as the First National Bank of Chicago, but did not put in bids because they believed the rate would be higher.


In May, 1915, South Dakota was seventeenth of all the states in the num- ber of automobiles owned, as shown by the Government bulletin. The state had at the end of 1914 20,929 out of a total of 1,666,984 in the whole country. New York had the greatest number, over one hundred and fifty thousand; Illinois


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was second with over one hundred and thirty thousand. South Dakota licenses brought the state about one hundred and twenty-five thousand dollars.


In June, 1915, the cash on hand in the state treasury of all kinds amounted to $1,111,670. The largest portion belonged to the common school income fund which carried $524,801, which sum, it was planned, would be distributed among the schools in July. There was also on hand over one hundred thousand dollars in the school loan fund. The general fund carried $131,434. The twine plant revolving fund was $84,678, and the game fund $33,648.


In July there was on hand in the state treasury, in cash, $790,835. Of this sum $241,300 belonged to the general fund. The twine fund carried $83,192, the game fund $34,364 and the common school income $108,110. It was pointed out at this time that the levies for the year had left no deficiency and that the state had retired in revenue warrants $1 10,000.


In July the state legal department ruled that the levies of county road funds must be equal all over the county. A case from McCook County was in point. Several of its townships had made local road levies as high as five mills while others had levied only two mills. This caused a desire on the part of many to have the levies equalized so that the road burden would be placed equitably upon all townships of each county.


In July the state legal department decided that a county board of health had no jurisdiction over unorganized counties attached for judicial purposes. This case came up from Jackson County. The ruling was that the only health super- vision of such territory was vested in the State Board of Health and that any desired action must come through that body.


In July the state legal department adjudged that mileage for the transporta- tion of school children in consolidated or smaller districts must be measured over the shortest possible road, in a case that went up from Brookings County. The issue was whether children living within two and one-half miles distance of a school, but compelled on account of an impassable road to travel three miles, might draw money for the three-mile transportation. The legal department held that they could.


In August the Kansas City Commercial Club called a meeting of the states for a Missouri River protest conference in that city, in order to declare against the abandonment of the customary improvements of the Missouri River, as had been recommended by Lieut. Col. Herbert Deakyne, a war department engineer. Twelve states including both the Dakotas, Minnesota, Illinois, Iowa, Nebraska, Kansas and others bordering on the Missouri River were represented by dele- gates. In discussing the report of the war department engineer, Congressman W. P. Borland of Kansas City said: "A crisis has come for the industries of the Missouri Valley. If this section of the country is to derive any benefit from the Panama Canal, the improvement of the Missouri River is instantly apparent. The Mississippi River presents an annual outlet into the Gulf of Mexico for South American trade. If this is taken advantage of, especially by our grain ship- pers, additional profit can be secured through the elimination of the middlemen known as the 'English jobbers.' As the situation now stands, we ship raw wheat to England, chiefly to Liverpool, where it is turned into a finished product and sent in English bags to South American trade. English labor benefits and


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the by-products are lost to us in the transaction. With the establishment of the hydro-electric plants in the Missouri Valley, and there are many fine points where they are available, the middleman is cut out and additional profit is put into the pocket of the grower." Thus were shown the wonderful possibilities of developing the unrivaled water resources of South Dakota.


CHAPTER XVI


STATE INSTITUTIONS


When Dakota Territory was divided in 1889, and the states of North Dakota and South Dakota were formed therefrom, each state, of course, assumed owner- ship of the territorial or state institutions falling within its borders; and as South Dakota thus received nine out of twelve of such institutions, it was required to pay North Dakota a proportionate sum for the advantage thus acquired. The nine state institutions thus obtained were the state university, agricultural college, school of mines, Madison Normal and Springfield Normal, considered as educa- tional institutions, and the penitentiary, insane asylum, reform school and school for deaf mutes, considered as penal or charitable institutions. The first legisla- ture at once placed the five educational institutions in charge of the board of re- gents of education, and the four penal or charitable institutions in charge of the board of charities and corrections. At the start, in 1890, all were in fair condi- tion, but the usefulness of all was hampered more or less by the want of means to advance and expand. The soldiers' home was being built by South Dakota at this time and was thus not taken into consideration when the territory was di- vided.


In 1890 Governor Mellette stated to the Legislature that the state university had recently met with a serious loss in the death of its president, Edward Olson. Of this prominent educator, he said: "Doctor Olson had strongly impressed him- self upon the state, and his rugged honesty, pure morals and enthusiastic devo- tion to his profession, have left an enduring monument to his fair name in our educational annals. His successors in office can safely emulate his example for all time." He submitted at this session the reports of the state university, normal schools at Madison and Spearfish, agricultural college and school of mines, and stated that the reports and investigations which had been made showed all to be in fairly prosperous condition. He said concerning the state institutions: "It is suggested as a matter of serious inquiry by the Legislature whether these insti- tutions are not being maintained at a cost beyond what is warranted by the resources and needs of the new state. While it is impossible to estimate too highly the advantages to accrue from the higher departments of education, it must be remembered that the child must walk before it can run, and that South Dakota, with all her. wondrous development, cannot hope to accomplish in a decade what has been the work of a century to the older states. In view of the fact that some years must elapse before the state can realize to any great extent upon her lands set apart for educational and endowment purposes, and that she cannot afford to reduce the efficiency of the common schools, it is suggested that a decided reduction of expenditures for the institutions devoted to higher education might be safely made for the relief of our overburdened taxpayers and still preserve their substantial benefits to the state."


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The governor further stated that the board of regents under the Constitution had charge of the state university, agricultural college, normal schools and the school of mines, and that it was their duty to appoint a board of five trustees for each of such institutions, such trustees to be under their control and to serve for actual expenses. In this connection he said: "The Constitution partially explains the relations and duties of these two boards and the Legislature should define them thoroughly. It was evidently the intent and object to make the board of regents the agency responsible to the state for the proper conduct of these institutions. The trustees are mere sub-agents subject to their control. It is the duty of the Legislature to fix the compensation of each of these two boards and it is urgently recommended that the pay be not such as to be the attraction for the position. It is believed that good and efficient business and educational men may be obtained to serve the state for brief terms in these positions because of the duty each citizen owes the state, and for the honor of such service, rather than for the emoluments. In fact, it is believed that there should be no pecuniary compensation whatever to the regents of education, in order to prevent the sus- picion that the sacred trust is being discharged for other than the highest con- sideration of honor and citizenship. These boards (educational and corrective) are nominated by the executive and confirmed by the Senate, and it is desirable that the legislation pertaining to their duties and compensation be had prior to their nomination. Their sphere is preeminently higher than person and place, being for the care of the state's criminals and unfortunates on the one hand, and for the higher education of her sons and daughters on the other. Adminis- tration of these trusts should merit a distinction of the highest honor, and then prostitution to selfish or corrupt purposes would be visited with condemnation and punishment."


He further said, "The people of the state have made gratifying progress in education under the territorial constitution. There is, however, special need of a complete revision of the system in the interest of simplicity and economy. It is in the common schools that the state's educational interest is centered; they constitute the people's department of education. It is only as aids to the develop- ment and efficiency of the common schools and other public interests that the state can logically maintain higher institutions of learning, as the most of the people who are taxed for their support do not patronize them. Next to the com- mon school and in popular importance stands the academic course, and this may naturally be engrafted into the system by provision for such education in coun- ties or districts desiring to undertake its maintenance with such support as the state may afford."


He recommended that the proposed state academy should be made to take the place of the college preparatory department, and should be managed so as to furnish a constant supply of students to the freshman classes of the colleges. He said, "It is to be hoped, at least, that the common school system will be placed upon the highest standard developed by experience and thus give to every child of the state a substantial education fitting it for the duties of citizenship and usefulness before turning it adrift in life. To this end compulsory accep- tances of the advantages, freely furnished at public expense, is recommended, and also free use of necessary books where the child or its parents are unable through poverty to provide them." He recommended "uniform text books which


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should be purchased by the state at the lowest prices attainable, and furnished at cost to all who are able to purchase."


Concerning the school fund, Governor Mellette said, "No more sacred trust devolves upon this body than the legislation necessary to faithfully protect and increase to its greatest possible limit, the common school fund as provided by the Constitution. The law has outlined your duties and it remains for you to enforce its provision under proper penalties and to provide any further safeguards you may deem necessary. It should be accounted no ordinary crime to engage in any attempt to despoil this fund of a single dollar. Special provisions should be made charging proper officials with the defense of the state's title to her lands before the department of the interior, and the courts if necessary, as it may be confidently expected that there will be a constant raid upon the most valuable of these lands until their final sale."


It was well known from the start by the citizens generally, that the location of the state institutions had not been selected because of the benefits that might result therefrom to the state twenty, fifty, or a hundred years hence, but in reality had been located arbitrarily under the influence or dictum of politics, favoritism, a division of spoils, or legislative log-rolling or trade. Accordingly, those towns and cities which had failed to secure, during territorial days, such institutions, now became clamorous for such benefits, honors and distinctions. There was introduced at the legislative session of 1890, a measure which was called the "Omnibus Bill," which had in contemplation the establishment at some future time in the northern part of the state of certain additional charitable and educa- tional institutions and which provided also that a certain portion of the lands granted by the government to the state for such purposes should be set aside as an endowment for the proposed additional institutions. It was a fact that every member of the legislature who came from a locality where there was already a state institution, strenuously and vehemently opposed the passage of this bill. Accordingly, a battle royal was waged. Many openly called the movement a land steal and denounced the men who supported the movement as scoundrels and other degenerate creatures. Much bad blood was engendered. This was a strik- ing example of the narrow views, unfair methods, and contemptible selfishness of the average member of the Legislature, as well as of the average member of humanity generally.


In March, 1890, the Legislature, just before its adjournment, made the fol- lowing appropriations : state university, $25,000; Madison Normal School, $11,700; Springfield Normal School, $12,000; reform school, $15,600; agricul- tural colleges, $18,000; school of mines, $8,000 ; deaf mute school, $14,800; peni- tentiary, $31,311 ; insane hospital, $64,690 ; soldiers' home, $10,500; for the bonded debt, $47,448; committee on immigration, $7,700; railroad commission, $6,000; public examiner, $2,250; state militia, $4,000; state veterinary surgeon, $1,700; eight judges of the circuit courts, $16,000; three judges of the Supreme Court, $7,500 ; governor, $2,500; state auditor, $5,160; expenses of the Legislature, $84,207.


In speaking of the fight the friends of the university had made to secure the $25,000 appropriation, Colonel Jolley, of Vermillion, who had been one of the leaders, made the following statement to a public meeting in Vermillion: "The University of Dakota still remains at Vermillion. The revenue of 86,000 acres


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of land still remains for the use of this institution. South Dakota tenders you $25,000 for the expenses of the current year. The struggle that was waged against us for the past eight weeks was not ended until I o'clock in the morning. Your anxiety concerning affairs at Pierre was great ; ours was a thousand times greater. You had friends who encouraged you by their sympathy. We stood alone. During the past week we have had no more than two to three hours of sleep each day. The session of last evening continued until 4 o'clock this morn- ing. The fight began with the assembling of the Legislature. At first Aber- deen threatened to take the university; then they were willing to compromise by allowing us 46,000 acres of land and placing the other 40,000 at the disposal of a university to be located in the northern part of the state. The fight was not carried on in the halls of the Senate, where argument could be met with argument and logic with logic. We went out to meet the enemy. Ever the hostile forces seemed vanquished, but anon we met the enemy and seemed to be theirs. But when the great contest came we were on the field and no enemy was in sight! (Applause.) When the house bill came before the Senate, I made the speech of my life. I don't know what I said; Mr. Fry was there; he can tell you all about it. I spoke in my usual pleasing and gentlemanly style. (Laughter.) I proposed that the bill be amended by striking out the $24,000 and substituting $25,000. There was no opposition. Other appropriations were treated similarly until at last the hostile bill fell of its own weight. The rights of the university were recognized by all, but the total amount of available resources of the state amounted to less than $350,000. Besides the Legislature and state officers, all the institutions of the state were compelled to look for support to that sum. The crisis is past ; the danger only temporary. The state board were given power to raise the assessment. In the nature of things a struggle like the one of the past eight weeks can never happen again. We did our best. We promised you we would do this when you sent us there. It was the most and the least we could do."


In January, 1801, the Sioux Falls Argus Leader made the following extra- ordinary suggestion concerning retrenchment in the expenditures of the state: "The state university at Vermillion, the normal schools at Madison and Spear- fish, the agricultural college at Brookings, the school of mines at Rapid City, and the board of regents have cost, during the past year, more than $83,000. This sum should be saved to the state." The Sioux City Journal made the following reply : "There should be retrenchment in order to keep the treasury within its income, but the greatest extravagance of which South Dakota could be guilty would be to shut up the educational institutions as the Argus Leader suggests. The sum of $83,000 could not have been saved during the past year by closing these institutions. To, shut off the funds would be to close up these educational plants, to paralyze the splendid activity which characterized them, to throw away many times the value of $83,000. It would be inconceivable excess and folly from a purely financial standpoint. Retrenchment and economy are needed in South Dakota, but the very last places to feel the knife should be the educa- tional institutions. There are many offices and commissions and boards involv- ing big expenses for salaries, mileage and incidentals, which are either useless or of very little importance. Blot off these, cut off expenses mercilessly, make any sacrifice, but keep hands off the schools of learning. South Dakota has made


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a good start. It has the beginning of a grand system of educational institutions. They have already cost a great deal of money. They are now in their most crit- ical stage. To withdraw support from them would be to strike a blow from which they would not recover for many years. It would not pay. It would be a con- fession which South Dakota could not afford to make before the world for mil- lions of dollars. It would be an advertisement which would warn the best people away from the state. It is not to be thought of for a moment."


The appropriations for the state institutions in 1891 were as follows: state university, $40,000 ; Madison Normal, $17,400; Spearfish Normal, $21,200; agri- cultural college, $12,000; school of mines, $16,000; deaf mute school, $25,000; reform school, $29,000 ; penitentiary, $50,000 ; insane hospital, $120,000; soldiers' home, $29,000 ; commissioner of labor, $2,500; state militia, $8,000.


This year there were five state institutions in charge of the state board of charities and corrections as follows: The penitentiary at Sioux Falls, the deaf mute school at Sioux Falls, the insane hospital at Yankton, the reform school at Plankinton and the blind asylum, which was yet under consideration. The mem- bers of the state board of charities and corrections were as follows: J. M. Tal- cott, Elk Point; G. A. Aldine, Dell Rapids; Z. Richey, Yankton; C. M. Howe, Mellette ; and R. W. Hare, Aberdeen. They reported that the penitentiary under Warden T. D. Kanonse was in prosperous condition. The parole system, which had been adopted by the Legislature, was warmly commended by the board. It had been put in operation and thus far had proved even more satisfactory than had been expected or hoped. They recommended that the institution should be given an appropriation of $29,693 for each of the next two years. In Novem- ber, 1889, the inmates numbered eighty-seven; but in January, 1891, they had increased to 103. There had been a considerable cut in the salaries of officers. At the suggestion of the warden, the board recommended that light manufac- turing be established in the institution.




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