Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1892-10-07

oral OF the best Observation-Disclosures
of the State and submitted the bill to
their consideration, for the reason
that the Attorney General of the
State a absent on the Pacific Coast
at..this time. Theselawyers were nan
imous in their decision that the
bill was absolutely unconstitutional
and could not become operative.
Not satisfied with this, the Governor
then summoned to the Capital, two
well known lawyers and one conser-
vative and successful business man.
Upon their arrival, Governor Burke
made this statement to them: "Gen-
tlemen, | find myself in the delicate
position OF being compelled to either
veto or approve a very important
measure, previous to your arrival, 1
submitted this bill to q number of
constitutional lawye rs, and they have
been unanimous in their opinion of
it. | will not state to you what that
opinion is. I should be pleased to
have you, gentlemen, lay aside all
personal sentiment, and consider this
measure absolutely upon it's merits
and it's constitutionality, and give
me your opinion at your earliest
convenience. as I have but a few
days left in which to either approve
or disapprove it,"
This committee of gentlemen, after
careful consideration, reported the
result OF their investigation to the
Governor with this statement:
Governor Burke, for your
individual political advancement
we recommend that you ap-
prove this bill, but we are satisfied
beyond measure, that it is absolutely
and positively unconstitutional"
Gov. Burke thereupon remarked to
the spokesman of the committee that
his personal political advancement
had nothing to do with the
question. The power of approval or
disapprovall Of any act of the
Legislature vested in him as Cover
0 of the State, permitted of no po-
litical or personal consideration. Re-
CARELESS of what effect his determine.
ton might have on his..political aspi-
raGions, his duty was to the people of
the State and not to himself in this
case. He thanked the committee for
it's service and dismissed them.
Gov. Burke thereupon at 5.25 p.
"a. on the 21st day Of March, 1891,
disapproved the elevator and ware
house bill just referred to, and filed
his disapproval with the Honorable
Secretary ofState.' His veto of this
measures a very clear and concise
summary OF the entire situation, and
demonstrates that the Governorga gave
the question careful and conscientious
consideration. But al q matter of
fact, it would have been just as con-
stltutional, and just as reasonable,
for the legislature to have passed an
act giving any railroad operation full
authority to run its tracks through
the front yard OF any citizen OF North
Dakota for the annual consideration
OF $1.OO, grantingto such citizens only
; the right to appeal when they thought
! the track was running too near their
front door for the safety ofgthejr fam
lilies. This would be taking private
property without just COMPENSATION.
This Is exactly what the elevator and
warehouse bill, which the Governor
disapproyed, proposed to do. The
constitution OF the United States DOS
ltlvely says that private property
shall not be taken for public use with
out just compensation, and the
United States Supreme Court has
long since decided that the right-of-
way OF any railroad Is private
property.
I Moreover, it is a settled principle of
law, that when a state legislature
adopts the statute OF another state
! las our legislature did in this cas- by
adopting the Minnesota statute), it at
the same time adopts all the decisions
OF the Supreme Courts OF the other
state constituting the borrowed
statute.
In this case then, had the Governor
approved the bill, he would at the
same time brought into force that
decision of the Minnesota supreme
court, which declared the act uncon-
stltutlonal. Such an.inconsistent act
would do for the demagogue, but
would hardly be consistent for a fear
less and painstaking officer who seeks
to discharge the duties of his office
according to law.
In this affair, Governor Burke acted
without fear and without favor. He
did his duty, and he did
it we'll, to the people Of North
Dakota when he disapproved of this
measure. He considered that
he would be untrue not only to him
self, but to the State as we'll, if he
signed this bill, leaving them under
the Impression that they were going
to derive large benefits from the law
referred to-, when in fact, the very
moment they placed themselves in a
position to enjoy the results OF such
legislation, they would have found
themselves embarrassed with expen-
sive and endless litigation. :.
Any statements contrary to the
above, either by public journals or
private individuals, arc absolutely
false and without foundation, and
are either made to injure the personal
character of a public official who
performed his duty as he should
have done, or such statements are
made by demagogue politicians whose
political stilettos are being used only
for the purpose Of personal spite; and
the people of the State should not be
deceived by their false statements,
but should give the matter full and