Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1893-03-03

RlBUNE: II : 1893
county; each for the term of two years from
this date, rs per section 2, chapter 1854, laws
of 1890.
The executive session was ended without
action upon the appointments.
After a recess, the following cOmmunica.
ton was received from tho attorney gen
eral and read:
To THE SENATE: Chapter 1877 Of the
session laws of 1870, Is void by reason of
what is contained in section s of tie act,
in that it exempts sleeping cars owned and
business in this state rs a part of their rail.
way equipment and applies to all others.
1t has been repeatedly dsclded that since
the fourteenth amendment to the United
States constitution was made that any state
legislation which Disseminated in favor of
its " citizens in levying taxes, license,
! fees or otherwise, IS void. That would
ton of interstate commerce.. l will try and
answer the rest Of your inquiry soon.
Yours truly,
w. II. STANDlsn, Attorney General.
ILL INTRODUCED.
Mr.. DAY, No. 40: Providing for the
furnishing of separate ballot boxes for
women to vote for superintendent of public
instruction.
Mr.. ARNOLD, No. Ill: To provide for
the erection Of additional buildings at the
university Of Grand Forks, and the issu-
ance of $4,000 bonds for the purpose.
MIR. WORST, No. l72: Fixing the salary
of janitOr and Watchman of the senate at
. Mr. pst JOHNSON SSH. No. 17s: Providing for
erection OF additional buildings at the
| Mayyille and Valley City normal schools,
and issue Of bonds tor the purpose.
Mr.. PATCH 10y reQuest): Fixing salary
of states attorneys on a basis of pOpula-
| ton.
Mr.. MILLER, No. 175: Authorizing
| county commissioners to dispose of build
ings owned by the county but unused.
Mr.. GREGORY. No. 176: To amend the
civil code by adding "LabOr's Holiday, the
first Monday in September" to the list Of
public holidays.
AUSTRALIAN BALLOT
The majority and minority reports of the
joint committee on election laws, special
order.
Mr.. KlNTER moved to adopt the minor
lty report, and explained the recommends
tions OF the minority. The substance of
the amendment proposed by the minority
was the arrangement of the party tickets
In columns on the ballot. under the party
designation.
Mi. WHITE moved to add among those
ineligible as members of the boards Of cleo
ton. the son and son-in.law of any candi-
date.
The amendment was adopted.
MI. GREGORY: The bill adopted should
show distinctly the basis of the vote which
determines the application of the law to q
city, town OF village.
MI. BURKE moved an amendment, which
was adopted, recurring nominations to be
political division Of which the nomination
Is made. Mr.. Burke argued that the mini
mum number who al secure q nomination
should be definitely fixed.
MI. CASE1EL moved that the reports be
recommitted, with instructions to report a
bill, as proposed by the minority, and as
already amended. Carried.
SENATE BILLS PASSED.
Mr.. WORST'S bill, No. go: Defining the
powers and duties of the state treasurer.
Mr.. KlNTER'S bill, No. IA: Regulating
the appointment and duties of special dep
uty sheriffs aud other officers. (The anti.
Pinkerton billy
Mr.. HAGGART'S bill, No. 1856: Author
lzlng cities to levy and collect an annual
ALSO, No. 1877: Constituting boards of
audit for cities and providing for the pre-.
SentatlOn n auditing of claims.
Mr.: INKS bill, No. 1866: Providing for
the division of civil townships having two
or more congressional townships.
M. CASaEt'S bill, No. IS: Relating to
state banks and banking, and defining the
powers Of banking institutions.
Mr.. GREGORY moved to amend by
changing section IS so as to authorize the
puDlic examiner to apply to the district
court for the appointment of a receiver, in.
stead Of appointing n himself.
Mr.. GREGORY argued that the action
authorized by the constitution. The
power to appoint q receiver belonged en-
tlrely 70 q court acting as q court of equity,
MI. CASHEL explained that the object
was to throw all possible safeguards around
tne banking system. and he was willing to
accept the amendment.
The amendment was adopted.
Mr. CASAEL explained in detail the fea.
lures OF the bill, and there were no dissent.
ing votes on its passage.
M. BURkE'S bill, No. 101: The ware
Mr.. BURKE-The bill was drawn by the
attorney general. He had asked the attor.
ney general about section 8, as to its con
stlt9tlonality. His reply was that it did
o,<:.- EAOPSAoS. lGl1Ou COLuDen.
satlon, but simply regulated the use of
property already devoted to public use.
Mr.: LAMOURE moved to amend by in
creaslng the minimum capacity of the ele-
vators from 5000 bushels to 10000. He be-.
l'eved it better to have erected a few larger
warehouses than a number of small ones,
adopted. was
Mr. GREGORY moved that the attorney
general, who was present, be requested to
Mr.. Standish-lt was long since settled
mat when private property has long been
devoted to public use, 1t becomes snbiect
70 legislative enactment as to it's CONTROL
Mr. Standis quoted certain authorities in
favor of his position. ~
mr.. BURKE offered an amendment. nro.
vldlng for cOndrmnatory proceedings be.
fore the district court, which was adopted,
ana the bill passed without dissent.
Adjourned to 10 O'clock Monday.
TIE HOUSE.
BISMARCK, Feb. "A.
The house met at 10 q. m. DR.. Rentlav
was elected speaker for the day, receiving