St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-03-29

Delng under fourteen years. This
amendment was not agreed to with
out a conflict. Senator Wyman was
willing to place the age of males at
nineteen, instead of twenty-one, be-
fore being liable to pains and pen
alt1es. Senator Morgan supported
the bill after the amendment was
made. Senator McHale voted no.
although he had always been va
Vorabie to protecting the females.
He regarded the bill as being one
that would cause trouble to the
courts and prosecuting officers be-
cause it is poorly framed. Senator
Schaller said there are objection
able complications to the bill. He
was almost in favor of resorting to
the shotgun in some cases, but he
would vote for the bill. Senator
Sperry regretted that the effect of
the bill had been jeopardized by
amendments. Senator Wyman said
the purpose of the bill was not to
punish boys, but it is the old men
the friends of the bill are after.
vote, and said that the bald-headed
men would protect the ladies. He
regarded the bill as an extreme
measure, and afforded means for
Matchmaking. Senator Stevens asked
leave to be excused from voting on
the bill, in view of the fact that
there were enough votes to pass it.
The roll call showed that the bill
as amended passed by a vote of 43
to 6.
The bill providing for appeals to
the supreme court upon original
papers instead of certified copies
proved to be very unpopular upon
It's third reading, and only received
ten votes. One of the senators who
favored the measure expressed his
thanks, in sarcastic way, for the
work done by clerks of courts against
the bill
The Dill to prevent usury by build
ing and loan societies was debated
at length, and was lost by a vote of
16 to 20.
The bill to place private banks
under the supervision of the public
examiner was lost by a vote of IL
to q.
ELECT THEM.
When the senate judiciary renort
upon 5. F. $50 was read it showed that
majority We're of opinion that the
legislature has the power to provide
Ior the election of the railway and
warehouse commissioners. The same
report was made as to S. F. STA. reIat-
ing to the election of the state dairy
and food commissioners. Senator's
stevens, Morgan, Howard and ScbalIer
asked that the journal show that thew
dissented from the opinion of the ma
Jef1ty of the committee and are of tbe
opinion that there is no authority In
the constitution to warrant the legis-
laure In providing for the election of
such officers by vote of the people.
accompanying the report of the COM
mlttee was an opinion by Attorney
General Childs, which declared that
the Legislature has power to make
such offices elective. After an exami-
nation of the question de novo he had
come to the same conclusion. He
thought no other view would be conso-
nant with the plain intent of the CON
stltutlon, which confers power upon the
governor to appoint state librarian,
notaries public, and such other Of
ncers as may be provided by law and
to fill vacancies in the offices of sec
rotary of state, treasurer, auditor. at
torney general and such other state
and district offices as might be ere
ated by law.
Later In the day when S. F. $50 came
UP for consideration upon general or
ders, Senator Stevens made an argyll
ment upon constitutional construction
or the bill. The constitution provides
what officers shall be elected and that
only such officers can be elected. An
other provision of the constitution is
10 the effect that the governor shall
appoint certain officers and others he
may, by law, be authorized to appoint.
Inc law creating the railway and
warehouse commission and other
boards provides that the governor
shall appoint the officers provided for
in the act. He contended that no nro-
vision to elect officers by the people
can be made by the legislature under
the restrictions of the constitution. In
support of this proposition decisions of
the courts were cited, holding that a
law requiring qualifications for Of
hcers other than are imposed by the
constitution as a prerequisite for yot-
ing is tantamount to a constitutional
limitation. All classes of voters are
not eligible to certain Offices created
by the legislature (as it has a power to
do). and this is reason why the offices
may not be filled by election under a
law that makes all voters eligible to
elective offices.
senator Young argued in favor Of
choosing such officers by popular vote,
and asked questions which drew out
answers from Senator Stevens to the
effect that the duties of the railway
and warehouse commissioners are of
a combined judicial and executive nat
ure, and their office is beyond the char
acter of that provided by the constitu-
ton as elective by vote of the people.
Senator Wyman said that there
would be a difference of opinion upon
the measure under consideration. One
view taken by laymen is that it is wise
~ uiiiiiiioH Tic patronage OF ONCE.
He believed the people could not go far
wrong in such matters. He favored
the bill because it would be a move
ment in the direction of popular gov
eminent.
Senator Greer had observed a grow
ing demand from the people to make
such offices elective. He had, In for
mer times, favored appointments of
certain officers, but had become con-
vinced that elections are better than
appointments in some cases. He
found that in Wisconsin they had
changed from an appointive to an cleo
tive method of choosing county super
intendent of schools and other Of
f1cers, and, although the constitution
does not provide for electing such Of
fees, the legality had not been ques-
toned.
The bill was recommended to pass at
the end of Senator Greer's speech. On
motion of Senator Potter S. F. STA was
also recommended to pass. 1t pro-
vides for. the election of state dairy
or, AAI ;11,