Reporter and farmer. [volume] (Webster, Day County, Dakota [S.D.]) 188?-1946, 1899-01-12

that an employer Is not liable to the en-
ploye for injuries received in consequence
of the negligence of cocmployes engaged
in the same general business unless the
employer has neglected to use ordinary
care in the selection of the culpable en-
ploye. 1t is true this statute simply en-
acts the common law rule which obtains
In states having no statute upon this SUBJ
Ject. But the common law was exceed
ingly harsh in this as in some other re-
spects. and states have found 1t neces-
sary in the interests OF advancing c~iyiliza-
ton and enlightenment to modify many
of the ommon law rules.
/ call your attention To section 549S.
Code of Civil Procedure, Which provides
for the recovery OF damages by the per-
sonal representatives or heirs of "A per-
son., whose death has been occasioned by
the negligent act of an employer. This
act specifically exempts railroad can-
ployes. 1t is negative legislation which.
in effect, gives the railroads the specific
privilege OF killing or mutilating their
own employees while recognizing the right
of the general public To recover for dam
ages of the same character. 1t Is a mon
strous statute. a disgrace TO the state,
and should, in the interest OF common
decency, be superseded by an amended
section which will recognize the life and
limb of railroad employ es as equal to
citizens.
The demand for cheaper text books can
! not anu VIII not De Stllled Dy anything
less than a radical reform I'm this vital
particular. 1t is useless to consume time
in a repetition of the fact that school
text books are too high in price. We all
know it. Every parent knows it. Every
person of mature age in South Dakota
long ago learned that the school book
monopoly was wringing unreasonable
profits from our taxpayers. but for one
cause or another no positive relief has
! yet been secured. Experience is a pro-
found though cruel teacher, and IL the
people have paid dearly for school books,
1t is because they have never yet made
their cries for relief so imperative as to
command the obedience of their repre-
sentatives. In a previous message to the
| legislature, l called attention to this in
tolerable evil. and suggested as a remedy
that the state engage In the publication
OF its own text books. TIE reasons urged
In behalf of that system are as sound
now as they were two years ago. / re-
new the recommendation and urge that
the state undertake the work of pre-
pairing and printing its own text books
to be furnished to pupils free of charge.
In regard to educational institutions in
general, the governor recommends the
| levy of a tax to the amount of eight
tenths of a mill, as a permanent fund to
be equitably apportioned among the in
situations. This would divorce these in
situations from politics, and the board OF
regents could then plan several years
ahead in their work. The governor in
dorses recommendations for new build
ings and improvements at the Madison
and Spearfish normal schools, but disap-
proves recommendations in regard to
Springfield normal, which has not been
recognized as a state institution. The
school of mines is also approved.
In regard to assessments, revenues and
taxation, Gov. Lee presents a strong
showing in favor of a complete reform of
the laws He declares that GD nare ranf nf
the taxation burden in the state is now
upon land, that In a great portion OF the
state land is now assessed for all 1t Is
worth and as much as 1t would sell for,
and in no case is it assessed at less than
one-third its value, and that bank stocks,
money. credits and all forms of profit
bearing securities practically escape AK
alton. Live stock is pretty generally as
sessed at all it will stand, merchandise
and miscellaneous property, while not
y bearing It's fair share of the burdens, is
assessed more nearly right.
The most crying injustice, the governor
says, and the one which the people are
rightly resenting, is the continued prac-
tice of allowing the railroad corporations
to escape just taxation. These institu-
lions have grown so bold and audacious
that they appear TO believe the state was
created for them TO pluEder. During two
sessions of the state board of assessment
i have made a conscientious effort to in
crease railroad Valuations, Dut being I'M
aided by any member of the board except
the auditor, L found the task practically
hopeless.
1t is an outrage upon the state that this
class of property dictates how much
taxes it will pay, and this outrage has
been rendered no more bearable by the
frequent insolent declarations of railroad
representatives before the board that
their companies would pay no taxes un-
less they We're allowed to virtually fix
their own valuations.
The governor declares that the railroads
do not make an honest return of their
earnings and property to the state, but
that for five years, practically ever since
the agitation began for statutory regula-
ton of railroads, the principal lines have
reported less earnings every year. He
quotes the figures furnished by the Chi
cago, Milwaukee & St. Paul to illustrate
this. The report for 1893 showed earnings
on the company's lines in South Dakota
to be SO. Al, 1851; the reports show grad
ually decreased earnings each year until
for 1896 the amount was S1,557, 100. 20.
Is it possible, the governor asks, that
this great railroad did only a trifle more
than one-fourth as much business in 1895
as 1t did in 1893? Is it not more proba-
BILE that. discerning a contest with the
people. after two great political parties
had declared in favor of railroad legisla-
ton. this corporation deliberately pre-
pared to deceive the people by doctoring
its return of earnings to suit the emer-
gency? Is IL reasonable that this COM
pany should decrease it's running ex-
penses, as shown in the table, without
materially reducing its service? Is 1t not
entirely reasonable to believe the bust
ness of this company has actually in
creased during the time stated rather
than diminished?
Again, i find that the Chicago & North
western. which operates IA miles Of road
in the state. paid S3,000,o0 o for expenses
in 1896, and earned. according to its re-
port, S556,611.44. 1t is probable that It
cost this company In 1896 over two MILL
ion dollars more to operate it's 144 miles
of road than 1t cost the Milwaukee to
operate its 100 miles? This conclusion
is repugnant to reason when we discov-
er that the earnings of the Milwaukee
for 1896 were nearly a million dollars I'm
excess OF those of the Northwestern. The
truth of the matter seems to be that the
railroads juggle figures to deceive the
people with respect to their earnings.
They falsify reports of earnings and stuff
expense accounts TO avoid a reduction of
rates and escape taxation. The Milwau-
kee railroad reported over a million dol
lars more personal property represented
by locomotives and cars in 1896 than IL
did the year previous. This hidden prop
erty was brought TO light by the trial
Of the rate cases, and would doubtless
be in hiding to-day but for the evidence
brought out on that trial.