The Dickinson press. (Dickinson, Stark County, D.T. [i.e. N.D.]) 1883-1927, 1892-10-01
THE EELEVATOR VETO
Gov. Burke's Reasons for Vetoeing the
"Warehouse and Elevator
Bill' Explained.
The False Accusations and Mis-State-
ments of tho Governors
Traducers Exposed.

Certain North Dakota newspapers
and demagogue politicians have been
attemptingto create prejudice against
Gov. Burke and capital for them
selves by harping upon the Governors
veto OF what was known us the
Warehouse and Elevator Biip'
passed by the last Legislature. These
newspapers and politicians have emade
no end of mis-statements regarding the
entire affair. The Governor has stood
their fire unflinchingly and performed
his duty to the state and the people
in all honorable and conscientious
manner, believingthat the time would
come when his action in this case
would receive u vindication at the
hands of the people. Gov. Burke
owned and operated farm in Caes
county for six years, and in consider
ing the justice of this warehouse and
elevator bill, and the needs and de-
mands OF the farmers of the state, he
believed he was sufficiently experienced
and fully competent to decide the
equity therein, because, as a farmer,
he had dealt with elevator and rail-
road companies, and as treasurer for
six consecutive years OF Cass county,
he had large experience with the vicis-
situdes OF the North Dakota wheat
raiser. However, it is no more than
justice to the Governor, and the peo-
pie as we'll, that theexact facts in con-
nection with this matter should be
given the widest publicity, that the
people may know that their interests
have been we'll cared for by him, and
that the threats OF these politicians
have had a tendency, to make the
Governor more popular with the peo-
pie Of the state than ever, and that
they may understand the entire bill,
its meaningand purpose, and the Gov.
ernor's reasons for vetoing the same,
this occasion is taken to present all
the facts.
The Legislative Assembly of 1891,
passed a bill which provided
that every railroad company organ.
lied under the laws OF this state,
or doing business Hereunder, should,
upon application, permit any person,
company or corporation, for the sum
OF $l.OO annually, reconstruct, main
tain and operate, contiguous to its
side tracks, any elevator or ware
house at any of its regular stations,
to be used for the purpose ofreceiving,
storing and handling grain; and such
permission should be granted without
regard to the capacity of any such
elevator or warehouse, and without
discrimination as to persons, and in
their order OF application; and such
railroad company was compelled to
provide side tracks for, or orconnections
between its main tracks and said
elevators or warehouses, and said
railroad company was also compelled
to maintain connections with its
main line from any of these elevators
or warehouses regardless of their size
or capacity, if they were constructed
for the purpose of receiving, storing
or handling grain; and there was no
appeal from this law except as to the
location of such elevator or ware
house as compared with the location
of the stations OF any such railroad
company.
Now, the persons who have been at.
tempting to deceive the farmers of the
State and prejudice them against Gov.
Burke, have harped upon only one
side of this bill. These individuals
have never yet said one word to the
farmers about the great advantages
this bill would afford the elevator
companies and other wheat buyers,
because if they had, they knew the
actual farmers OF the State would
have seen the "nieger in the wood
pile" and their efforts to kill off an
honest and just executive would have
fallen flat, and their plan to elect q
Governor they could run, and one
who would permit them to "crack"
the safe in the treasurer's Office at
will, would have been failure.
The provisions of this law are ex-
actly the same as those contained
in Section Is, Chapter 11S, of the
General Laws of 1885. of the State of
Minnesota. That section of the law
was declared invalid by the Supreme
Court of the State OF Minnesota be-
cause it required railroad companies
to give possession of their property
to individuals without just compen-
sation, being in direct conflict with
the constitution OF the United States.
This question was clearly outlined in
the decision of the Supreme Court of
that state, in the case of the State of
Minnesota vs.. the Chicago, Milwau-
kee & st. Paul Railroad Company, as
found in volume 81, pages 365--6 of
the North Western Reporter" Chief
Justice Gilfillan delivered this opinion,
and was sustained i'll it by the entire
bench, and no appeal was ever taken
therefrom.
However, to be more explicit, this
elevator and warehouse bill which
Gov. Burke vetoed was one of thelast
acts passed by the legislature of 1891.
This bill together with large number
of others, reached the Governors Of
flee about the hour of midnight, on
the day that the Second Legislative
Assembly of the State OF North Dako-
ia adjourned sine die. 1t was, there
fore, impossible. as will bereadily seen,
for the Governor to return this bill to
the legislature for correction, or
amendment in order that it might be
made operative and beneficial to our
farmers. The Governor then had
fifteen days after the adjournment of
the legislature, in which to consider
the large number of bills rushed
through on the last day of the legisla.
tive session. He at once proceeded,
however, to give this particular bill
careful and conscientious considera-
ton because his attention had been
directed to it by its author, who said
himself, that he was not clear
upon the subject OF its con-
stitutionAlity and regretted that he
had not h.dmorelegisl experience
before he drew the bill. Gov. Burxe,
however, then called to his aid sew
eras of the best constitution lawyers
of the State and submitted The bill to
their consideration, for the reason
that the Attorney General of the
State was absent on the Pacific Coast
at.this time. Theselawyers were unan-
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
| we'll known lawvers and one conaer.