Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1891-10-02
THAT BENNETT BILL.

uLA1O / 10 RSuAAAA6 SAO
administration upon everything on which
it thinks a point can be scored. Many
of it's utterlnces are too absurd to be no.
ticed, but as some of the state papers are
printing the Alert's attack upon Cover
nor Burke for vetoing the bennett ware
house bill last winter, the TRIBUNE will
give the facts in regard to this matter.
In the first place, the Alert says the Den
nett bill was similar to a law passed by
the South Dakota legislature, and now
in successful operation in that state. The
Alert is %grievously in error in this mat
ter, and surely has never seen the South
Dakota warehouse law or it would never
have made such a statement. TheTRIB-
uNE has a copy Of each of the bills in
question and gives extracts from them
which will show the difference between
them. The bennett bill reads as follows:
An act to provide for the right OF erection
of grain warehouses and elevators on the
right-Of-way OF railroad corporations and
contiguous thereto.
SECTION |. Every railroad company or
corporation organized under the laws OF
this state or doing business therein, shall,
upon application, permit any person, COM
pany or corporation for IN annual rental
of one 0) dollar, to construct, maintain
and operate contiguous to the side tracks,
any elevator or warehouse at any Of its
regular way stations, to be used for the
purpose of receiving, storing and handling
grain, and such permission shall be grant
ed without regard to the capacity of such
nlo1,ofrr Dr ryorabn,Sn onH without die,
elimination as to persons, and in order OF
application, and such railroad company
shall also provide reasonable side-track
facilities and running connections between
its main track and. elevators and ware
houses, upon or contiguous to its rlght-ot-
way at such stations, and every such rail
road corporation shall permit connections
to beslnade and maintained in a reasonable
manuer with its side. tracks to and from
any warehouse or elevator, without refer
ence to its size or capacity, where grain is
or may be stored. Provided, that this shall
not be construed so as to require any rail-
road company to construct or furnish any
side-track off from its own land; Provided
further, however, that such elevators and
warehouses shall not be constructed within
100 feet Of any existing structure, and Ishall
be at safe fire distance from the station
buildings, and so as not to essentially con-
flict with the safe and convenient operation
VI VIC lOdu, L AONlACo luIGilCls e1Ab - AO
railroad companies refuse to allow the con-
%struction, maintenance or operation of any
such elevator or warehouse, alleging that
said elevator or warehouse does essentially
conflict with the safe and convenient opera
ton of the road, the, upon notice OF COM
plant from the proprietor or proprletors OF
such elevators or warehouse, the board Of
railroad commissioners shall investigate
the alleged reasons, and determine whether
or no the refusal of the railroad companies
to allow then construction, maintenance or
operation of such elevator or warehouse,
be based upon justitiable causes. The
decision of the board of commissioners of
railroads shall in all cases hold, pending
appeal may be taken as otherwise provided
by law.
The South Dakota law is entitled:
condemnation of public warehouse sites on
the right of way of railways.
SECTION l. The board OF railroad COM
missioners are to determine whether the
erection of the proposed building IS needed.
SEC. 2 Such decision shall be final.
SEC. 3. Board of commissioners shall
select location.
SEC. 4. After notice duly served upon the
railroad company the circuit court shall
appoint a board of appraisers 'WhOSe duty
it shall be to determine the damage sus-
tanned by said railroad company by the use
ana occupancy OF Sucn SlCe.
SEC. 5. The applicant for the site shall
then pay or tender the amount of the re-
ward.
SEC. 6. Provides that either party may
take an appeal to the court and from the
district to the supreme courts on the ques-
ton of compensation.
Here are Governor Burke's objections
to the bennett bill:
1.-THE provisions of this act requiring any
railroad company to permit any person,
company or corporation, pom application,
for al annual rental of one dollar, to con-
struct, maintain and operate al elevator or
warehouse, at any of its way stations, with
out regard to the capacity of such elevator
or warehouse, and without discrimination
as to persons, are exactly the same as those
contained in section fifteen, chapter one
hundred and eighty-eight, General Laws,
1886, of the state of Minnesota. and which
section was declared invalid, in so far as it
required railroad companies to let other
persons into possession of any portion of
their land, without the compensation re-
quired by the constitution in the case of
the state against Chicago, Milwaukee and
st. Paul company, N. w. Reporter, vol. 81,
page 1856 1865, Chief Justice Gilfllan deliver
ing the opinion.
The act 1 now file with my objections so
that it may not become a law, being house
bill No. 154, is in my Judgment u%nconstitu-
tional, as it clearly impairs the right of
eminent domain, and provides for the TAX
ing of private property for private use,
without the consent of the owner. and also
provides for a taking Of the property of
railroad companies, and turning over its
use and occupation to another, without
making just compensation for the property
SO taken, and without providing for any
appeal to the courts for the fixed compen-
SatiOn.
The question to be passed upon by the
railroad commissioners, and their decision,
which may be appealed from, is not as to
the compensation-(that is finally and ar
bitrarily fixed at one dollar in every easel
but relates entirely to the single question
whether or not the erection and operation
Of the elevator or warehouse will essen
TALLY conflict with the safe and convenient
operation of the road. AZ
I refer to section IA Of article |, Of our