The Dickinson press. (Dickinson, Stark County, D.T. [i.e. N.D.]) 1883-1927, 1892-10-01

opinion is. l should be pleased to
have you, gentlemen, lay aside all
personal sentiment, and consider this
measure absolutely upon it's merits
and its 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 up.
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
question. The power of approval or
disapprovaly OF any act OF the
Legislature vested in him as Cover.
nor OF the State, permitted of no po-
litical or personal consideration. Re-
gardless OF what effect his determina-
tion might have on his::political aspi-
rations, his duty was to the people OF
the State and not to himself in this
case. He thanked the committee for
its service and dismissed them.
Gov. Burke thereupon at 5.25 p.
m. 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
measure is q very clear and concise
summary OF the entire situation, and
demonstrates that the Governor gave
the question careful and conscientious
consideration. But as a matter of
fact, it would have been just as con-
stitutional, 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 $l.O0, granting to such citizens only
the right to appeal when they thought
the track was running too near their
front door for the safety ofxtheir fam
ilies. 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 pos
itively 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 ID private
property.
Moreover, it is a settled prir ciple of
law. that when state legislature
adopts the statute of another state
las our legislature did in this case by
adopting the Minnesota statute), it at
the same time adopts allthe decisions
OF the Supreme Courts OF the other
state constituting the borrowed
statute.
nthis 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-
stitutional. 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
Dakota when he disapproved o. this
In ~
he would be untrue not only to HIM
self, but to the State as well, 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 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
fair consideration, and learn from a
completeinvestigation, that Governor
Burke took his political life in his
hands for rtheprotectiono of the farmers
of North Dakota, rather than to do
them an injury, as these (ly-by mighty
politicians. and unscrupulous news
papers wou' d have the farmers believe.
Some of those very same newspapers
and politicians have been asserting
that Gov. Burke vetoed the amend.
ment to the platform bill passed at
the recent special session OF the Leg
islature, and some of them have even
gone 80 far as to state that he not
only vetoed the amendment, but that
the original platform bill was the
creature OF the last Legislature, and
that the Governor vetoed it also.
These statements are all absolutely
false. The original platform bill was
passed by the First legislature AS
sembly in 1890. and when it was
attempted to put it into
operation, the then Attorney
General of the State and Railroad
Commissioners were not long in be-
coming aware of the fact that this bill
also was imperative. This conclu-
sion, however, was not arrived at un-
til number of farmers and others
had constructed platforms along the
right of way railroads doing business
within the State. These farmers
readily found themselves with plat
forms to load and unload produce,
but the trains passed by as if they
were not there; and they were then in
exactly the same position that the
farmers would have been had Gov.
Burke approved the Elevator and
Warehouse Bill, because farmers and
Others would have constructed eleva.