Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1893-01-13

Incorporated in the compilation. We
deem this important, as we understand
the attorney general to hold the word
counties" in the gross earnings law of
railroads to refer to counties duly organ.
lied and also to include organized territory
to which a name has been given and con-
sequently the state treasurer is Obliged to
hold in trust the pr0portionate part Of the
gross earnings allotted to counties as is
represented by mileage of railroads in un
organized territory until such territory
shall actually be organized according to
law.
1t is an anomalous condition when
funds needed for the maintenance of the
state and its institutions must be reserved
for perhaps a generation because, fOrsOoth,
the legislative assembly inadvertently
gave a name to u%norganized territory and
it Is designated 0 N the map of the state as
a county. The word county should
properly be applied only to the organized
corporation known to our laws as a
county.
We have accordingly prepared, with the
assistance of the surveyor general of the
United States. for this state, an act defn
ing the boundaries of all the organized
counties OF the state, which is respectfully
submitted for the consideration and action
of the legislative assembly.
In addition to legislation affecting
counties we have prepared and herewith
submit for the information, assistance
and action' Of the legislative assembly,
acts defining and prescribing the duties of
the governor, lieutenant governor, secre-
tary OF state, state auditor, state treasurer
and public examiner. The duties of all
other state officers appear to be sufficiently
defined by existing law, also a large num-
Der of acts modifying in some way exist
ing sections of the various codes of the
state to conform them to the constitution
of the state or to reconcile conflicting pro-
visions of law.
We have conferred freely, by letter and
in person, with attorneys throughout the
state, with the judges and county and
state officials charged with the practical
enforcement of the laws of the state and
are indebted to them for many valuable
suggestions.
Many of the attorneys of the state urge
the enactment Of a law of punishment,
and in accordance with their request a law
covering that subject is submitted. Under
the present law the fiscal year, so far as
reports OF officials is concerned, closes with
the 3lst day of October. Under the con-
stitution of the state all laws passed by the
legislative assembly take effect on the 1st
day of July next after their passage, un-
less an emergency exists. expressed either
in the preamble or body of the bill, when
by a two-thirds vote of the respective
houses, they take effect Immediately or at
any stated time. In our judgment the ifs
cal year should end June 30, and all appro-
priations fo1 the maintenance of the state
and its institutions should become avail
able on the first day of July of each year
the legislative assembly meets.
The objection that there would be an in.
terregnum OF six months next preceding
the assembling of the legislative assembly
is cured by the proposed law requiring the
state treasurer to report semi-annually to
the governor the condition of the finances
and the balances of appropriations of the
respective funds, which statement must be
verified by the governor by an examination
of the books of the treasurer and published
for the information of the people.
n governor of tine state under the law
proposed, prescribing the duties of the ex-
ecutive, can call upon the state officials or
trustees of institutions for supplemental
reports at any time, and hence when he
delivers his biennial message he can COM
mand all requisite information without un-
necessary delay. A bill providing for this
change is submitted.
The compilation law requires us to sub
nit a new revenue law if it appear to us
that the interests of the state would be sub
served thereby. Consultation with audit
orS, treasurers and others who have made
a special study of the subject in its prac-
teal workings has convinced us, that, with
slight notifications, the present law will
best serve the interests of the state. The
assessment of telegraph and telephone
companies III the state by local assessors
should be abandoned and the right OF as
sessment and levy be conferred upon
the state board of equalization. This
would promote uniformity of val
uation and in our Judgment ma
terially enhance the revenues of the
state from this source. That portion of
the law relating to credits has been passed
upon by the supreme court Of South Da-
kota. Their law is similar in terms with a
slight modification. Their constitution is
OF like import with ours. They declare
the section unconstitutional. The question
has not arisen in our courts. In view of
this doubt it is respectfully recommended
that the subject be considered at the pres
ent session and the law be amended to
! cure its defects, if any exist.
Finally, we recommend that the laws OF
the state now classified under codes, and
each code chaptered and sectioned separ-
ately, be sectioned c~onsecutively. conform
ing to the system of the United States in
its statutes and followed in the compila.
ton of 1887.
The law requires US to compile with the
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