Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1891-01-16
THE LEGISLATURE.
CONTINUED FROM PAGE 81

tors should hear the testimony. They had
been sent here to vote i%ntelligentiy and
they could not do so unless they were in
formed as to the merits Of the case.
great waste of time on the part of the sen.
ate to 60 through this testimony.
Mr.. BlSBEE wanted to know how the
senate could decide a case until they
heard the evidence.
Mr.. KINTER said that the election com
mittee was appointed for the purpose of
investigating the evidence, and if the SEN
ate took up these cases as proposed by the
senator from Pembina they would do
nothing. else for sixty days. 1t was a con-
glOmeration OF evidence that amounted to
nothing on either side and they had to re-
vert back to the certificate of election.
Mr.. ArnOld's motion to indefinitely post
pOne Mr.. LaMOure's amendment was lost.
A vote was then taken on MIR. La
Moure's amendment n it was adopted.
The senate then decided to meet at 7:S0
p. m. to take "a, the election committees
report.
Hon. NJ. N. aohnson was, on motion of
Mr.. Mccormack, invited to a seat within
the bar.
INTRODUCTION OF BILLS.
No. AZ. BY Mr.. Svensrud-A bill for an
act relating TO the collection of personal
property taxes for the year 1890.
No. 80. BY MIR. Svensrud-A bill for al
act to provide a compensation for sheep in
spectorS.
No. 80 By Mr.. Weiser-A bill for all
act entitled an act t" require county com
No. 40. By Mr.. Weiser-A bill for an
act to amend section l, entitled an act g
tending the time of payment Of taxes TOR
the year 1890
No. IL. BY Mr.. johnson of Ward-A
bill for an act to amend section Z, 10 and
1 If n ~ IA ~ ~ ! ,n.,r > La vvy, ~ g n 80,
lating TO marriage license.
No. AZ. By Mr.. johnson of Ward-A
bill for an act to restrain certain state,
county, city, township and school officers
to peculate in their respective office.
No. 4S. By Mr.. Ink-A bill for an act to
repeal section n of an act passed at the
first session Of the legislative assembly
n%ization and government of state banks.
No. a. BY Mr.. Kinter-A bill for an act
to amend sections 4 and 10 of chapter 1855
of an act to prevent the spread OF cOlta.
gious and infectious diseases among do.
nestle animals, approved March %, 1896.
m act entitled An act to prevent the
brand ing of horses, mules, asses and cattle
during certain seasons of the year.
The following additional clerks were
appointed: Burt Hill, c. E. Stavers, T. AL.
bright, A. E. Wood, r. P. McAllen, II. A
SOTley anu u. Is. Lawrence.
The concurrent resolution from the
house, calling for the appointment of a
joint committee to investigate and report
on the actual original cost and the actuaI
present value of the North Dakota rail
roads, was referred to the judiciary com
mittee.
A committee of five on stock was or.
dered appointed on motion.
The memorial to congress received from
the house requesting the passage OF al
act donating land to the soldiers home a
Lisbon was referred to the committee OF
state affairs.
The senate decided, by an adverse vote
not to concur in the house resolution call
ing for a joint committee of seven to in
quire into the financial standing of thu
farmers of North Dakota.
A message from the house was received
stating that the house had adopted the re
port of the special committee appointed tx
Investigate the Gray Bros contract ant
bond and asking for a JOINT committee.
The senate adjourned to 7:3O p. m
EVENING SESSION.
The senate met at 1880 p. m to hear tn
testimony and argument of counsel in tn
contest case of Swanston VS.. Mccormick.
The record showed that while, in Tin
afternoon, Mr.. LaMoure's amendment t.
have the matter brought before the com
.mittee of the whole senate, was adopted b,
a record of Ii to II, the motion of Mr.. Ar
mold to adopt the report of the committe
(Which motion Mr.. LaMoure sought t.
amend was not put to a vote as amended
after Mr.. LaMoure's amendment had beef
adopted.
MessrS. Mccormick and Caslcl elaine,
that there WAS nothing before the Senat
ard that The record was ihcumpleie. Afte
some discussion, Mr.. Ca,ht! moved tha
the CAST b. commenced ut the %brginnin!
and continued until interrupted by Il mem
Der OF the senate or attorney. when Sucl
"bjrctio1,s will BE- acted upon by The
senate.
Mr.. INK moved to amend by adding the
following: That no evidence be accepted
by the senate except the evidence con
tanned in the dispositions and that the cas-,
be conducted according to the statute.
lie amendment. and motion rs amend
ed. prevailed.
Mr. MCCORMICK moved that Mr.. .Coch
rane be allowed. before ;nc testlmuny il
'coInmenctd, To olfrr such objections as h
sees fit.
Mr.. LAMOURE moved to amend by add
ing the words "anh lila. the attorney TO
the other side be also allowed to offer SucI
objections as he sees fit" which amend
ment and motion as amended, prevailed.
Mr.. Cochrane, the attorney Of tn
%.contestee, moved that the deposition O
affidavit Of A. E. Maglone be stricken fron
the files On the ground that it was ri
taken in the prescribed by law.
Mr.. CASHEL moved that the objection
sof Mr. Cochrane be sustained. A roll cal
was demanded and the motion was adopt
Led by a vote of Is to 10.
Mr.. KIN TER moved that Mr.. McCor
mick be allowed to retain his seat.
Mr.. McGILLlVRAY thought it was un
fair to take advantage of the absence o
members in this way.
A call of the house was demanded b.
MIR. Haggart and -four others.
Mr.. PlNKHAM moved that the pro
ceedings under the call Of the house be dis
penSed with, which motion prevailed.
The roll was called on MI. Kinter's me
ton to seat Mr.. Mccormick, and the vot
was l6 ayes and Z nays. Those voting ay
were Messrs. Almen. Arnold, Cashel, En-
ger, Ink, johnson Of Trail, johnson Q
Ward, kinter, Lowry, Palmer, Patch, Pink
nam, S~vennungsen, Syensrud, ,Weisel
Those voting nay were Messrs. Bisbee, En-
gle, Hageart, McGllivray. Miller, Nelson
Worst Those absent were Bidlake, Bjol
go, BrynjolfsOn. Fuller, LaMoure. lex
cused), Little, Mccormack of Grand Fork:
Mccormick of Ramsey.
The senate then adjourned.