The Black Hills union. [volume] (Rapid City, Pennington County, Dakota [S.D.]) 1889-1904, 1899-02-24
FROM THE LEGISLATURE.
Full Report Of the Doings Of the
Peoples Lawmakers at
the Capital City.
the Capital City.

Pierre, Feb. l5.-Governor Lee
sent a message to the senate contain
ing a communication from Attorney
General Pyle relative to the Phillips
interest case and the governors re-
ply thereto. This letter to the at
torney general stated that the at
torney general would pass upon the
law IN the matter and and it was
not the governors duty to request
the attorney general to prosecute
any case unless the latter shall nave
first expressed IN opinion that such
action could be successfully main
uaincd. AS the legislature is III SEES
sion the governor advises the aJ,or-
ney general that there is a proper
power for instruction in CASE Of
! doubt.
The letter then discusses from q
legal standpoint the right of the
people TO recover interest received
on state funds. 1t points out clear
y the distinction between the Col
orado case referred to by the attor.
ne,y general wherein the supreme
court Of that state decided that the
state treasurer was entitled to the
interest, and the case OF Phillips
The Colorado constitution allows
the legislature to fix the ~trcasurer's
SALARY and Gov. Lee holds that un-
der that constitution the legislature
had Il right to give the treasurer
the interest money in the absence of
IL Legislative enactment to the con
trary.
Our own constitution fixes the
state treasurcr's salary and prohib-
its him from receiving pe"q uisites
OF any kind. 1t is not, therefore,
within the power of this legislature
or court to give the treasurer the
Interest money. The Colorado con-
stitution makes the treasurer abso-
lutely liable for money III his hands.
thereby establishing the relation of
debtor and creditor and under the
rule Of law emitting the treasurer
to profit on funds.
Gov. Lee declares that under our
law the state treasurer Sustains no
such relation to the state, but that
he is a trustee who must account
to the state for any additional accre-
ton to funds in his hands. The
governor then quotes the dissenting
opinion of Justice jackson in the
Georgia case cited by Pyle, which
holds that the state treasurer may
pay over any money which he re-
celved as interest. This is a very
strong opinion and vas ignored by
Pyle in his citations of opinion made
to the governor.
The opinion Of Judge Lyon in the
celebrated Wisconsin interest cases
is given in the governors commune
cation. The governor insists that a
fair consideration of the law and the
constitution makes it plain that the
state should Gov the interest
money taken by Phillips.
The senate Oh a strict party vote
refused TO allow the communication
read and referred it to the judiciary
committee. 1t begins to look like
the senate republicans wanted to
aid Attorney General Pyle in saving
Phillips from prosecution.
The senate put in the forenoon
session with committee reports Of
no special interest. 1t passed the
house bill to define more clearly the
powers of foreign railroad corpora
tions doing bushes in this state.
In the house the committee re-
ported fayorably on the bill detn-
ing legal holidays with an amend
ment adding labor day to the list.
The report on the requiring public
officials to secure printed supplies
within the state brought out a fight
in regard to the Typographical
Union. Stoddard of Turner, on. OF
the republican, steering comittee de-
clared labor unions a great and dan
ge"ous' monopoly. The majority
report leaving out reference to labor
unions adopted.
A resolution was adopted fixing
February 81 as the last day for the
introduction of bills.
In the house this afternoon the
bill requiring engineers TO secure
licenses, defining duties as clerks