Custer chronicle. [volume] (Custer City, Black Hills, D.T. [S.D.]) 1880-1890, 1885-10-17
The New Constitution.

The supplement containing printed
copies Of the new constitution arrived
just in time to be delivered to our
readers in our last issue, but to late to
admit Of comment on our part. And
now, haviIg x read it, we have to say,
taken in its entirety We consider it q
good and ably drawn instrument In
fact it has 80 many points Of excellence
that We are 10th to pick flaws or find
fault with it at all. But the press has
been compared to the lookout at the
masthead, under orders to cry sail ho
whenever any new craft appears in sight
above the horizon, and it is his duty 20
try to make out whether it is a friendly
merchantmen or pirate under sail.
Thus the responsibility is upon us and
we must criticise-even though unwill-
iHgly--everything in which the people
are concerned that we think deserves
criticism. For this reason we must
qualify our endorsement Of that instru-
ment by two exceptions. The first is
the clause referring to the rights Of mar
ried women. 1t will be found in article
2l, section 3:
"The real and personal property of
any woman in this state, acquired be-
! fore marriage, and all property to which
she may after marriage become in any
manner rightfully entitled, shall be her
separate property, and shall not be liza
bic for the debts of her husband"
| Now, it strikes us that the effect Of
this would leave room for, and in fact
almost invites fraud. Let us put il TO a
practical test and see how it would be
| liable to work Suppose a man living
in Dakota owning house and lot and
store building, goes east and buys ten
thousand dollars worth Of goods on a
credit and having received into his
possession should afterwards deed the
whole business to his wife. What re-
course has his creditors? In that case it
seems to us that the clause referred to
should be qualified by some language
that would at least to some extent pro-
similar laws have been enacted in other
states, but that proves nothing. Large
firms in the east do not give credit with
out knowing something of the risk they
are running. And will not this law be
taken advantage Of by some scoundrels,
and will not the effect be to weaken
confidence and injure the credit of good
men who 10 intend to pay their debts !?
Now let US pass on TO the next. 1t
| will be found under the head of cOrpor
alton and refers to railroads, article IL,
section l5, and reads thus:
Railways heretofore constructed, or
that may hereafter be constructed, in
this state are hereby declared public
highways, and all railroads and trans.
portation companies are declared to be
common carriers and subject to legs
lative control; and the legislature shall
have power To enact laws regulating and
controlling the rates Of charges for the
transportation Of passengers and freight,
rs such common carriers from OH point
to another in this state"
Now, it is evident to us, Judging from
some Of the laws that still cumber our
statutes, that ut some time in the past
We have had crank legislatures that
have enacted such laws as this for an
example. THAT it shall be unlawful
for a man to travel twenty miles on the
Sabbath day" This law We understand
and many more Of like character, have
not yet been repealed, and what We
have had we are liable to have again.
Now, imagine such legislature as that
making rates for all the railroad COM
panies in great state or that shall pass
through the state. Can anything be
more ridicule than that. Ofcourse they
would make those rates without regard
to the cost Of building, running and
maintaining . railroad, there are but
few heads in the United States that can
figure that, and you can depend they
command higher price than We can
afford to pay our legislators. 1t is a
knowledge that can only be acquired by
long years Of experience in railroad
management. Besides it would be im.
possible to fix rate that would be uni
form. Because if you make rate for 8
road running through a thickly settled
country, say like the eastern part of the
territory, and make the same rate apply
to road running through sparsely set
tied part Of the country, say like our In
dian reservation, how quickly you would
send that road into bankruptcy and our
people Of the Hills be- deprived Of it,
advantages. The only thing the rail
road company could do to preserve
their existence would be to bribe Oh
otherwise try to influence members OF
the legislature, and that feature of the
case makes it worse than before. No
we can see no more consistency in q
legislature fixing the price of railroad
ticket, than fixing the price Of a ticke,
into circus, or fixing the price that q
merchant shall charge for a pound o.
sugar. Railroading, like every other
business, is based ON law Of demand
and supply, and cannot be carried or
iustly and Huccessfully on apv orha,