St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-03-26
Which Ends in the Defeat of
the Railroad and Ware
house Amendment.
The Red River Valley Drain
age Bill Carried to the
General Orders.
BY Unanimous Vote the SEN
s ate Expunges the Judge
Cox Records.
In the Concluding Days Bills
Pour in Without Diminu-
ton.


the opening of Yesterdays session of
the senate for the first time in several
weeks, and, barring the fact that he was
just trif1e paler than usual, looked
quite himself again. After receiving
the congratulations and good wishes
the senators and all others employed
around and in the senate chamber, he
took his seat and called the senate to
order in his usual style. Chaplain Say
age in his prayer expressed the hope
that the presiding officer would be
given health to preside over the deliber-
atoms of the upper house during the
balance of the session.
Senator G. r. Davis, of Nicollet, COM
meneed the business of the day by Of
ferlng concurrent resolution to eX-
pnnge the record of the impeachment
proceedings in the case of Judge +. st.
Julien Cox. of st. Peter. Senator
Daugherty, of Duluth. promptly moved
the adoption of the resolution. and then
Senator Davis made brief speech urg-
ing the action indicated. In certain
sense the record could not be expunged,
but 1t was only meet and proper for the
Legislature to take some such action as
this. Senator Lienau agreed with MIR.
Davis, and made neat speech in favor
of adoption. 1t was left for the elo-
quent Sage of Nininger and that pol
iShed speaker, Senator Bell, to conclude
the speech making, and when they con-
cluded. there was no opposition to its
adoption, and it was carried by vote
of % ayes to no negative votes.
Senator John Day Smith was now
called to the chair by the lieutenant
RI In. s,,{~ So Ii l.,
began. Nearly forty measures were
read, after which came the reports of
committees. These proceeded without
interruption until Senator Wood, from
the drainage committee, reported favor
ably Senator Lommen's bill appropriate
ing $4,000 annually from the internal
improvement fund for draining the Red
river valley. Senator Day objected,
and Senator Lommen made a strong
speech in favor of the adoption of the
report. He cited the amount of state
land that would be benefited by the pas
sage of this bill. The state had received
great benefits from the sale of lands
in those counties, and it was only just
and right that some of this money
should be returned. The Polk county
senator made strong plea for his sec
ton that was not without its effect, as
was shown later.
The Warehouse Bill.
Pending action OH this report the
special order was taken up, the railroad
and warehouse amendment being I'M
der consideration. Senator Day started
the ball rolling by making a strong
speech in favor of the adoption of Mr..
ternoon, to the effect that the bill
should lie over until Gen. Becker's let
ter, written to the committee, should be
read. This was opposed by Mr.. Don
nelly in short and caustic speech,
after which, on the demand of Senator
Canestorp, there was cah of the SEN
ate. When this came to AN end, the
Leavitt motion was voted down by 80
nays to II yeas, and then number of
amendentS were offered.
Senator Tawney, when issue was
Joined. took the floor and made an elo-
quent and strong speech against the
bill. He said:
Senator Tawney Talks.
Some of the provisions of this bill I am
heartily In favor of. The first section relates
TO a subject which L believe should be made
the fundamental law of the state. but this is
not true of the remaining seven sections.
They relate entirely to the details of business
carried on between citizens of our state, and
ditions may be found wholly lnapplicable to
the wants Of the people. These sections de-
clare no fundamental principle. and if their
provisions are engrafted upon our constitu-
ton, will prove great blessing to existing
railroads whose charters Will not be affected
thereby by placing an embargo upon the
building of any railroads in our state in the
uture.
We should not vote % submit an amend
ment 70 the constitution until we are con-
WINGED that if adopted, it would conduce to
the welfare and prosperity of our citizens
and the state. It is therefore a matter of
transeendeut importance. If these provis-
ions should become part of the constitu-
tional law Of our state, they will continue in
force and remain the absolute and uDchange-
able rule of action and decision as long as
the constitution stands. The hands of the
people will be tied and all their official
agencies will then be powerless to change
modify or repeal them, nor would the whole
people as an aggregate body, have the power
to take action in opposition to the provisions
if they become part of this fundamental
law of our state.
1t is obvious. therefore, that we should not
embrace within the iron grasp of the consti-
tuition subjects in regard to which the policy
or interests of the state or Of its people may
vary from time to time. and which should,
therefore, more properly be left to the con-
troll of the legislature, which can more easily
and speedily make the required changes.
Under the provisions of the fifth section of
either stock or bonds for less than the par
value in lawful money actually received and
applied 10 the purposes for which such cor
poration was created. Tnis,if adopted would
end railroad building III Minnesota. and give
to existing roadsa monopoly in that BUSH
ness
Section provides that majority OF the
directors of railroad companies now exist
ing or hereafter created, shall be citizens
and residents of this state. This would like
wise operate to deter Eastern capital from
inves ting in railroad property in this state.
There are many other provisions in other
sections, equally, II not more obnoxious than
these. Therefore. The question is not how
this measure is going to affect the existing
roads, but what effect will it have upon
The Future Development
and progress of our state; and it is in behalf
of our glorious state. rich in undeveloped
mines, rich in forests. in unoccupied but
fertile prairies, that urge my objections to
this bill
The senator from Dakota urges in support
of these provisions the fact that, in the past
railroads have issued uttered stock and
fictitious bonds of Indebtedness upon their
roads, and claimed the right to charge and
have charged exorbitant rates for carrying
freight and passengers in consequence
thereof, and that, therefore, these prohib-
itery statutes should be incorporated in our
constitution; but the strength of his position
is weakened and the necessity for these pro-
visions are obviated by the recent decisions
road companies can no longer use their in
debtedness as basis for freight or passenger
charges, but that they must take the amount
invested with the operating eX-
penses as the basis. and upon that, and that
alone, have they the right to a reasonable re-
turn. This is the true basis, but the prlnci-
pie was not established until the state had
in the most gigantic legal battle
ever fought in the courts of this nation.
But having reached that result, the state now
has the power, under its undoubted right to
regulate railroads, and to fix the tariff of
rates upon the basis which Ihave mentioned;
and when we have amended the existing
railroad laws of this state as proposed by the
senator from Otter Tail, giving to the railroad
commission the right TO Tx the tariff of rates.
and the company the right to appear and the
right of appeal from the orders of the COM
mission, we will then in my opinion, have
attained the highest degree of perfection in
the matter of regulating the business and
charges of these great and powerful corpora
tons.