Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1894-11-23
WAS THERE

The state of North Dakota has now
held three sessions of it's legislative as
sembly, and each one has had it's separ-
ate and distinct sensation. In tho first
one, the entire population was stirred
up over the lottery question. In the Sec
ond one, came first the stubborn fight
made in the senatorial election, and
second, the attempt Of Jdd LaMoure
& Co. to put the capital on wheels, and
the peculiar alliance made by members
from the slope with certain prohibition
lists to prevent it. In the third session,
LaMoure & Co. also cut a broad swath
in e~lecting a democratic senator by a re-
publican legislature, thus giving the ma
tional democratic senate a majority of
one-"and thereby hangs a tale"
The fourth, or the coming session,
promises to be no exception in the SEN
s%ational line, in fact, if there is not a ma
terial change in the program now in
process Of formation, the opening of the
next session will see the sensation of
sensations" thus far in the history Of
the new state. So far in our history,
no man has been expelled as a member
or been called upon to answer to the
charge of bribery or corruption. It is
said, however, that the crime of accept.
ing a bride will be charged against a
person who was a member of the last
legislature and is of the coming.
Section 40 of the constitution provides:
If any member OF the legislative assem-
bly, shall give his vote or influence for or
against any measure or proposition, pend
ing or proposed to be introduced nto such
legislative assembly, or offer, promise or as
sent so to do upon condition that any other
member will give, promise or assent to give
his vote or influence in favor OF or against
my other such measure or proposition
pending or proposed to be introduced into
such legislative assembly, or in considera-
ton that any other member hath given his
vote or influence, for or against any other
measure or proposition in such legislative
assembly, he shall be deemed guilty of
bribery. And any person, member of the
legislative assembly or person elected
thereto, who shall be guilty of either such
otfenses, shall be expelled, and shall not
thereafter be eligible to the legislative as
sembly, and, on the conviction thereof in
the civil courts, shall be liable to such fur
Their penalty as may be prescribed by law.
The facts thus far gathered in the east
ern part of the state and in New York
do not make out a case exactly in
point with the constitution above quoted;
but, being much stronger, it is believed
by those who have the matter in charge
that no difficulty will be experienced
from that cause; and particularly so
when they shall have succeeded in ob-
tanning evidence known to exist in South
America, which will undoubtedly be had
before the session opens. One of the
greatest stumbling blocks in the way of
conviction is the fact that the forthcom-
ing is a new legislature, and the question
of it's jurisdiction to punish members of
a previous legislature is now being seri-
ously considered. A different rule would
seem to prevail in the house and senate.
In the house old members, though they
might be reelected, begin as members,
as it were de novo; whereas, senators
(hold-overs) continue as members from
the last session, and any offense com
mitted by them in the last would seem
to survive, and might be acted upon by
the present assembly, Should this not
be so, however, it is believed Section 48
of the Constitution is broad enough to
afford relief. It reads as follows:
Each house shall have the power to de-
termine the rules of proceeding, and punish
its members or other persons for contempt
or disorderly behavior in its presence; to
protect its members against violence or
offers of brides or private solicitation, and
with the concurrence of two-thirds, to
eXpel a member; and shall have all other
powers necessary and usual in a legislative
assembly of a free state. But no imprison-
ment by either house shall continue beyond
thirty days. Punished for contempt or dis
orderly behavior shall not bar a criminal
prosecution for the same otfense.
BY the adoption as one of the rules of
the body, of a provision that any per-
son who may be found guilty of taking a
bride while a member of the Third as
sembly, should not be allowed to sit as
a member of the present one, they would
have jurisdiction to hear and determine
whether or not any person charged had
been guilty of an offense for which he
should be expelled.
The great difficulty in getting at such
matters, is that the briber and the
bribed are equally guilty, but as the
party who will make the charge never
has been a member of the legislature, he
is entirely out OF their Jurisdiction.
Let the good work go on, and let every
good citizen hope there will be no res
t%itution and the matter squelched on
that account. ID
FITZ KILLS HIS MAN.