Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1891-03-06
THE LEGISLATURE.
Proceedings of the Second Session of
Legislature of North
Dakota.
Bills Introduced, Bills Read and
Referred, Committee Reports.
Bills Disposed of.
A Brief Explanation of the Bills of
General Interest-Legis-
lative Gossip.
DAT.

lative Gossip.
FIFTY-SEVENTH DAY.
The Senate.
The senate met at 2 y. M.
Called to order by Lieutenant4Governor
.Allin.
Mr.. WEISER presented a petition pro-
testing against any change of the prohib-
tory law.
A petition to President Allin, by tele.
graph, from Pembina, protested against
any nti-prohibitory laws.
Mr.. INK presented a petition of the same
import.
o OF COMMITTEES.
The committee on state affairs reported,
with amendments, senate bill 1877, amend
ing usury.
f The committee on public printing re-
ported favorably on house bill 1876, relating
to the compilation Ut the avs of the state.
The committee on insurance reported
fav0rably on sub ,titute for house bill IS,
relating to life and accident insurance
companies.
The committee on appropriations re-
ported, without recommendation, house
bill 1874, appropriating money as a bounty
for the manufacture of potato starch.
The committee on counties reported
favorably on house bill %, providing for
appropriation for wolf scalpS.
Also, favorably or house bill 2SO, attach
ing territory to Ramsey county.
The committee on railroads reported.
without recommendation. house bill I21
requiring railroad companies to build and
keep highway crossings in order.
The committee on education reported
favorably OH house bill go, requiring the
Scandinavian language to be taught at the
North Dakota university, Messrs. Brynjolt-
son and Bidlake dissenting.
THE RAILROAD Ii
Senate bill 1853 came up on special order.
An opinion from the Encouragement re-
Rarding the points raised on the previous
day was read. The letter states that the
amendment proposed may be all right, and
in his judgment the gross earnings law is
constitutional.
Mr.. CASHEL, who was in the office of
the Encouragement during the morning,
explained that the attOrney-general had
little time in which to write his views.
Mr.. LAMOURE urged the senators to
read carefully section 5 of the bill in conect-
ion with article l79 OF the constitution. Mr.
LaMOure read them to the senate. The
nOtrt ho Hociroi tn ,naEa uyoc tho r thn OF IN
board of equalization are given certain
powers, ana outside of that they cannot 20.
Section 5 of the bill gives the state board
power not grant d by the constitution. He
favored Mr.. Inks amendment, which pro-
vides that roads which accept the gross
bill under question. He also favored a res
olution requiring the encouragement to
enforce the gross earnings law.
Mr.. JOHNSON of Trail .cOntended that
the gross earnings law and this bill could
not both exist side by side.
Mr.. LAMOURE claimed that all the
bone and sinew Of the state is not here
to-day. There will be- just as good men
here two year hence as there are to-day.
IT this bill is passed with the proposed
amendment, it will have a chance to get
into the courts and have the constitution
ality of the law settled.
MI. JOHNSON of Trail said that one
OF the greatest roads of the state refused to
pay the taxes under the gross earnings
law. He did not want to see the taxes 20
unpaid in the future.
Mr.. CASHEL understood that the North
ern Pacific had not paid its taxes for 1889
because some of the counties had insti-
not feel like paying its taxes twice. He
opposed the repeal of the gross earnings
law, and favored the Ink amendment.
Mr.. LITTLE moved to amend by strik-
ing out sections 2 and 3.
MIR. JOHNSON, Of Trail, opposed the
amendment.
Mr.. CASHEL moved as a substitute to
strike out section g..
Mr.. WORST thought it was an absurdity
to talk of taxing a franchises privilege or
MI. KINTER opposed the striking out OF
the very matter that it is desired to have
decided by the courts.
The substitute of Mr.. Cashel was
adopted.
MI. LAMOURE said he objected to strik-
ing out section 8. Some time in the future
We may desire to change the character of
the constitution. and adopt a similar clause
to that Of California. He was in favor of
retaining section 8, though he did not like
section 5, because he believed it to be un-
constitutional.
Mr.. LITTLE said he did not think that
SecIlOu D cut mucu inquire, ana ne D0lleV6Q
it useless to lumber up the bill with it.
The motion to strike out section 8 was
lost by q vote of 10 to IL.
Mr.. INKS amendment was adopted as
follows: "This act shall not apply to any
railroad company owning or operating .
railroad or railroads in this state, which
has accepted the provisions of chapter 1874
of the laws of 1890, and the act of which
the same is a%mendatOry, and which shall
have paid and shall continue to pay its
taxes in accordance with the provisions
thereof.
MI. INKS amendment, repeating chap
ter 1876 of the laws of 1890 was also adopt
ed.
" On final passage the bill was lost by a
vote of Is to 16.
APPORTIONNENT In THE SOUP.
A recess of ten minutes was then taken.
An interesting debate was going on in the
house on the pharmacy bill, and half an
hour after the taking of the senate recess,
there was less than a quorum of the senate
present.
MI. Mccormick of Ramsey moved that
tho ro~okn A. ,>1-, 1ISor~- IT, so <L~A