Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1883-11-13

tOlSLeQl JAMES H..
Secretary of the Territory.
A running fight is IN progress between
the Fargo Republican and the James
town Alert regarding the responsibility
for the passage by the last legislature of
the bill exemptlng railroad lands from
taxation. The Republican alleges that
the governor is as much responsible IS
the legislature, while the Alert attempts
to fasten the blame entirely upon the
legislature. The Alert puts it this way: !:
Coming down to the specific and bed
rock facts Of the matter, the members OF
the Legislature who voted for the bill are
the ones responsible for it.
And the Alert further says:
We only insist that the logic of the
Republican in putting the responsibility
OF the law upon Gov. Ordway is the
veriest sopbistry. Reduced to q logical
proposition the Republicans position is
this: Gov: Ordway had the power to
veto the railroad, but he did not do it,
therefore he is responsible for the law.
The Republican retorts:
If it is not the fundamental principle
OF the gubernatorial Office to check un.
wise and hasty legislation, what is lie
for?
Now then, gentlemen, We can settle
this question for you by giving brief
history of the birth and baptism of the
lniquity. E. P. Wells, OF jamestown
who is known to operate in the interest
of the Northern Pacific railroad. pre-
pared and caused to be introduced bill
which provided that, in lieu of all othe,
taxes upon road, running stock, fran.
chises, &c, and all other property owned
by railroads, a two per cent tax be levied
and collected upon the gross earnings Of
railroads. The words "all other proper.
ty" were employed with the hope that
they would not be noticed, as they clear.
ly applied to the landed possessions OF
railroad companies. In reading over the
bill Land Commissioners Simmons, OF
the Chicago & Northwestern road, de.
tected the full import of the clause and
though his own company would profit
by its retention in the bill, he gave notice
of his discovery to some Yanktoa attor.
neys. among them General Hugh J.
Campbell. The plot was revealed
to members of the Legislature
and the council thereupon
passed an amendment striking
out from the bill tie words call other
property" by unanimous vote. The
bill then passed as amended
1t transpired. however, that the amend
msnt was not sent to the clerks desk anc
was not placed upon the record. The
bill was enrolled a. it stood before th,
amendment was passed, and contained
tue Objectionable phrase "all othe
property" This, it is believed, occurred
through the fraudulent connivapce o
some members of the council. After th
bill had been sent to the governor, ans
before 1t had been signed by him. tw
members Of the council, Messrs. Jeraul,
and Washabsugh, were notified of tn
condition of the enrolled bill and the,
in turn notified the council. A commit
tee of the council was appointed whicl
waited upon Governor Ordway and be
fore he had placed his official signatur
to the bill informed him fully in regar
to the fraud and asked him to send
back to the council for corret
ton, or at least to veto j
Governor Ordway, with fu
, knowledge of the import of the measul
and its effect upon railroad propert
dlsregarded the request OF the commit
{ | tee and, on the 9th day of March, tt
last day of the session, when everythiu
was turmoil and confusion, he approve
the bill and it became Law.
These are the plain, unvarnishei fact
;. The public can readily judge as to whe
: the responsibility lies. The bill VI
constructed for the express purpose
' exempting railroad lands from taxstis
and with those words stricken out wou
not have fulfilled the object of its pr
. jectors. The night the governor plac'
d his signature to the bill Mr.. Wells ga
= n an elaborate wine banquet at . reeta
y rant in Yankton, which was attended
hundreds OF people. This banquet 10,
ed until the hour Of final adjournmel
when the bill wac safe for at least (,
's YEAR,.
:, H. Graham, editor Of the Dako
Ne City Advance. . Hutchinson ccun