Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1891-03-27
the last two months papers worth many
times the 50 charged for it,"
ONLY THREE VETOES.

Ine governor has disposed of all tie
measures presented to him by the legis-
lative assembly. There where, in reality,
but three vetoes-Svensrud's bill for ex-
tension of time for payment of taxes not
being signed because the subject matter
was covered in a measure that had al
ready became a law. Kinter's bill de-
timing citizenship was not approved be-
cause it was clearly unconstitutional.
1t provided that a person could leave
the state with the intention of remaining
away per manently and then return and
regain citizenship in six months. Inks
bill granting a school section to Wahpe-
ton school of science was clearly uncon-
stitutional and, of course, not approved.
The last bill to be acted upon was Den
nett's house file No. l54, giving persons the
right to erect and maintain warehouses
on railroad right-of-way for an indef-
mite period for the sum of 81. The at
torney general considered the
measure of doubtful constitu-
tionality and the governor found
on further investigation conclusive evil
dence of this fact. It is a fundamental
principle of law and equity that the prop
erty of any person, association or corpo-
ration cannot be taken by another person
or association without "just compensa-
ton" The court decisions on this ques-
ton are very plain, and the governor re-
fers to one bearing directly on this case
a case from Minnesota, which has on her
statute books an act almost identical
with the proposed North Dakota law.
In his objections to the measure the gov
ernor says:
"Ihe provisions of this act requiring any
railroad company to permit any person,
company or corporation, upon application,
for an annual rental Of one dollar, to con-
| struct, maintain and operate any elevator
or warehouse, at II of its WAY stations,
without regard to the capacity of such clp-
vatOr or WAREHOUSE, and without discrilmi-
nation as to persons, are exactly the same
as those contained in section fifteen. chap
ter one hundred and eiyhty-eight, General
Laws, 1883, OF the state of Minnesota, and
which section was declared invalid. in so
far as it required railroad companies to let
other persons lntO POSSESSION of any pOr-
ton OF their land, without the compensa-
ton required by the constitution in the
case of the stat" against Chicago, Milwau-
kee and st. Paul company. n. W.. Report
er, vol. 81. pages 36j-36t, Chief Justice
Giltllan delivering the opinion.
The act l now file with my objections so
that it may not become a law, being house
bill NO. 15i, is in my Judgment uncOnSt;:u-
tional, as it clearly impairs the right If
eminent domain, and provides Tor the TAX
ing OF private property iOr private use,
without the consent at 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 jaSt compensation for the property
so taken. and without providing for any
appeal to the courts for the tiXed compen-
oatiOn.
The question to he passed upon by the
railroad commissioners, and their decision,
which may be appealed from, is not as 10
the compenSation-(that is fiually and
arbitrarily fixed at one dollar in every
caSt)-but relates entirely to the single
question whether or not the erection and
operation OF the elevator or warehouse
will essentially conflict with the safe and
convenient operation of the road.
lrurar to section II of article l. of our
state constitution, and to the following
provision OF the United States constitutions,
found in article of amendments thereto,
viz: Nor shall private property be taken
for public use without just COMPENSATION
and the other provision in said article that
no persons shall be deprived OF life, lib
erty or property without due process of
law"
Ii the position taken,-that for 81 a
person can construct and forever main
tain and run in such manner as he may
choose, a grain warehouse Oh land be-
longing to the railroad company-is
good, then on the same reasoning the
hardware merchant. the machinery man
and the grocer, with their warehouses,
could appropriate the right-of-way to
their use-the legislature declaring what
is a "just' compensation. The coal
dealer and the lumberman could also
claim similar rights and so on until the
railroad company would have nothing
of the right-of-way left except the track.
The bill never should have passed the
legislature in the form it did. 1t was
one of the last measures passed. 1t
ought to have been acted upon earlier,
and with more deliberation. A measure
fair to all parties concerned in the grain
tratfic-storage and shipment-ought not
to be difficult to frame, but to assume
that the Legislature has the power to
authorize the appropriating of private
property to the use of others-indiscrim-
inately and without regard to RESPONSE
bllity-without due process of law" and
equitable and just compensation, is in
conflict with the rights guaranteed by the
constitution.