Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1895-01-25
SIXTEENTH DAY.
SENATE.
Convened at 2 p. N.

Ol MI presented a re-
submission petition from Pembina: also
one from the m county the other way:
one from st. Thomas opposing resubmis-
sion.
The committee on counties reported adj
versely on Senator Enger's anti-gopher
bill.
SENATOR HAGGART presented a con-
current resolution authorizing the gov
ernOr, auditor and treasurer to fund $780,
600 of the floating indebtedness of the state
to become due not later than November,
1896.
SENATOR CLARK presented a resolu-
ton submitting to the voters the question
OF changing the constitution so as to locate
at Grafton al institution for the feeble
minded.
SENATOR GREGORY moved that all
bills amending or repeating any of the ex-
listing laws of the state, before being re-
Ierred to the committees, be referred to the
compilation joint committee, in order that
said committee may ascertain whether the
same amendments or repeats have been in
corporated in the report of the commission.
Which motion prevailed.
BILLS INTRODUCED.
BY SENATOR ARNOLD: For the ap.
p0intment of a board of steam boiler and
engine instructors, and defining their
duties.
BY SENATOR LITTLE: Repeating law
creating compilation commission.
By SENATOR STROM: Regulating de-
with objections as to constitutionality re-
moved.
BY SENATOR McCARTEN: Amending
Section Sc, Chapter 1872, laws of 1890; being
an act entitled "an act prescribing the
mode OF making assessment, and levy and
collection Of taxes" Repeats provision
which takes from tax rolls lands forfeited
By SENATOR PARKIN: Amending
Subdivision 80 Of Section 70 of Laws Of
1887, giving city councils the authority to
license places where refreshments are sold.
Will allow 'drinks'' to be sold as now pro.
vided by ordinance at Mandan.
By SENATOR ROURKE: Amending
Section 5l26 to 5140 Of the Compiled Laws,
and repeating Section 5137. making exemp-
tons specific and prohibiting chattel mort
gage upon exempt personal property with
out consent of wife.
SENATOR HAGGART reported a con-
current resolution, which was adopted, au-
thOrlZlng the governor, state auditor and
treasurerto arrange for an extension of the
. per cent %refunding warrants amounting
to $50, 407.46. Issued on account of the cap
itol. now past due.
THIRD READING.
SENATOR MCGILLIVRAY:S county
bill was brought up for third reading. This
bill adds all the unorganiZed territory west
Billings counties.
SENATOR MCG1LLlVRAY explained
the bill. He insisted that the cattlemen
were not paying 10 per cent OF the tax they
ought to pay. The cattlemen We're non
residents-their children attending schools
IN Texas, Boston and New York.
SENATOR PAkKIN moved that the bill
be made a special order for Tuesday at 3
O'Clock.
SENATOR McGILLIyRAY opposed
this move. He said that the cattle barons
would be down here next Tuesday in force
to oppose it.
SENATOR PARK1N said he desired
that the members Of the senate should be-
come better acquainted with the measure.
SENATOR MCGILLIVRAY said a
measure was introduced a few days ago to
organize u~norganized territory. The cattle
men no more expected to organize than he
(1Le senator) expected to use a harp at
New Jerusalem on the following day.
SENATOR PARKIN'S motion to post
pone was de%feated-14 to 10.
SENATOR BURKE argued that the
title OF the bill was misleading and uncon-
Stltutl0nal. The title says it is a bill Ito
increase the revenue of the state" and
there is nothing in the bill about revenues.
Section 80 of the Constitution says special
laws must not be passed regulating
county or township affairs" NJ county
affairs are more important than the bound
airy lines. Section 70 of the Constitution
says that sin all other cases where a gen.
eral law can be made applicable no special
law shall be enacted,' and that is what
this bill proposes to do. Section ISL of the
Constitution says "the legislative assembly
shall provide by general law for 4 3 x
changing county lines" He insisted that
the bill could not be passed. Here was the
place to settle the question of the constitu-
tiOnality of the law and not to have the
people put to the expenses of litigation, No
special law could be passed for the organi-
cation OF new counties or extending county
lines n this bill comes under the head of
special legislation.
SENATOR ROURKE claimed that the
words ito increase the revenues of the
state" may be surplusage, but if so, when
they are stricken out a complete title would
be left.
SENATOR BURKE insisted that the
senate is the place to amend the bill, and
not in the supreme court.
SENATOR BURKE moved that the bill
be submitted to the attorney general as to
its c0nstitutionality, which motion was
lost.
A vote was then taken and the bill
pass ed, only two votes Burke and Parkin)
being recorded against it.
Senate Bill IA Cutting down salaries of