Bismarck weekly tribune., 1889-03-08

as at last. He was in favor of a railroad
bill. He preferred the McCumber bill
and hoped it would yet pass.
Mr.. WELCOME SAID the bill had never
been read in committee and could not be
read and comprehended now.
Mr.. SWANSTON wanted the bill read
He favored the general objects of the bill
and wanted it discussed. If pressed to q
vote now he should vote against it.
Mr.. WHITE moved to proceed to the
consideration of the bill without further
interruption. ..
Mr.. HUNTER insisted that this was no
place to consider, the bill.
Mr.. BIXLER had read the bill four
times. If the bill is bad bill he desired
to have its bad features pointed out. He
had been unable to find them. For his
part he did not come here to fight rail-
roads but to vote intelligently ON any ques-
ton for consideration. He did not care to
accept the naked assertion of the attorney
that the bill was bad one. The objec-
tiOns of the council should not be cOnsid-
cred at this time. It's time enough to con;
by them. The objections to the Iowa
railroad commission grew out of the fact
that the railroad companies defied the law.
and the people, in retaliation, went to ex-
tremes. But there is no danger of extreme
measures being taken in Dakota. The peo-
pie have too much sense for that. They
nave no disposition to crowd the railroad
companies to the wall.
MI. MALLORY did not come here to
pass or oppose a bill without regard to
reason: But he was opposed to placing
the railroad interests Of this country at the
mercy Of three men. He was in favor OF
encouraging railroad construction rather
| than of retarding. One of his constituents
said to him that he hoped the first fool who
got up in the house to oppose railroads
would be struck on the head with club.
The arbitrary provisions of this bill were
unjust to the roads and would prove det-
riment to the people.
comprehend or misrepresented the pro-
visions of this bill. This bill would pre-
vent arbitrary and unjust rulings. The
commission must go into the courts to en-
force its orders. If they are just and rea-
sonable they will be sustained; if not they
1t will be their duty to advise and report.
and the court can order that their orders
shall remain in force until the final de-
termination of the court. But under the
alliance bill their orders would 60 for
naught during years of litigation. The
commission can do naught for themselves.
They must invoke the power of the court.
speedy relief in case of need.
Mr.. SHEETS said railroad legislation
was important but not more important
than time. This house has 500 or more
bills for consideration. There was an evil
dent disposition to pass the bill and it
gested that the gentleman from Clay had
received his instructions from the gentle
man from Lincoln.
Mr.. AlKENS said there was nothing to
justify the insinuations that they intended
to pass the bill, right or wrong. They were
here to consider it and determine whether
they desired to pass it.
Mr.. WELCOME held that the decisions
of the board were practically final. Their
power was absolute The railroads are
doing business at a loss and the effect of
this legislation would be to drive them out
of the territory.
Mr.. WHITE said he had been accused of
not being able to make motion without
instruction and he resented the insult. He
wanted full and free discussion. He was
opposed to the railroad commissioner sys-
TEN, but it we had a law he wanted a good
one. Let's give the commissioners power
to do something.
in travelled wood when they adopted this
tests of the court. Each part of the bill is
in sympathy with other parts and it was
not fair to emasculate by ill considered
amendments. .-..-
Mr.. ADAMS hoped this bill would not
be kicked and cuffed about without con-
sideration but that it would be fully con-
sidered.
bers could find a more important bill to
OccuDV their minds with
Mr.. BERGMAN regarded the bill i'm
portant and hoped it would be considered.
MIR. GRONNA said the motion to report
the bill favorably without consideration
was equivalent to a motion to indefinitely
postpone.
Mr. SMITH desired to refer to the at
tOrney general for his opinion.
Mr.. WELCOME supported the motion.
Mr.. AIKENS regarded this as unneces-
sary, the courts have sustained the Mime
sofa law. The governor will have three
days to consider the bill and he will doubt
vice. He objected to dilatory motions.
Mr.. NEWMAN said the gentlemen favor
Oring this bill had not only called upon
the attOrney-g general in relation to other
bills but had tried to put the supreme court
on record as to pending legislation. In
which the engine ploughs its way over
new line Of road. If constitutional he
would be glad to support the bill for some
of his constituents demand it.
Mr.. A1KENS called attention to the lin
tied time OF the session and to the fact that
the time Was approaching which comes in
the history of all legislative sessions when
the power Of one man was greater than the
legislature.
Mr.. WELLCOMEa accused the majority
OF delaying action Oh railroad bills and
begged them to give chance to consider
the bill in committee.
Mr.. ADAMS insisted that the purpose of
delay was to kill the bill.
Mr.. BIXLER hoped amendments would
be adopted that would make the bill all
right.
Mr.. JONES said they were now in the
midst of the first grand whirl. They were
in the socket and must 20 through with it.
The bill was reconsidered to pass, 20 to
II.
And it passed. Ayes, Aikens, Bennett,
Bergman, Bixler, Burnham, Cooke, Doug
las, Elliott, Fletcher, Greene, Gronna,
Jones, Lampman, Logan, McHugh, Miller,
Morris, Partridge, Potter, Powell, Price,
Royer. Van Etten-2S; noes, Allen, Clarke,
Hunter, Mallory, Mcneil. Newman, Pal
mer, Parkin, Patton, Ramsdell, Ryan,
ShQata Smith