The pioneer press. (Miller, Hand County, S.D.) 1893-190?, 1901-03-07
Cbere9isIature
Proceedings Of the
Week in the -.
State Law Mill -.
State Law Mill


Pierre. Feb. 2S.-Represen. Browne
OF Brown county is pushing a bill that
will be appreciated by parties who are
In the habit of giving notes for hail in
~surance. lightning rods. cook ranges
and other illusions.
At the present time aparty who has
one OF these notes for collection can
secure a fictitious endorser anywhere
in the state-a hundred miles or more
from the home of the maker OF the note
and bring suit for recovery at the
home of the endorser. In this manner
a farmer earsAberdeen who gave such
answer the case, as the esuit after be-
a note could be dragged to Yankton to
ing commenced would be dismissed as
to the fictitious endorser and maintain
ed against the maker alone.
The result has been that the makers
Of such notes have permitted judg-
ments to be taken against them by de-
fault or have settled rather than incur
the expense of going so far from home
to fight. Mr.. Browne desires to abol-
ish this power to drag a man away
from his county to fight by knocking
out the figure-head endorser and re-
curing actions to be begun against the
maker within the county in which he
resides.
The enactment of such a law would
be a decided reform and would save
many a poor farmer a pocketful of dol
lars.
Pierre, Feb. 28.-McLemore of Lead
had the narrowest kind of an escape
from being named for mine inspector, a
position which is much sought after by
the miners on account of the avenues
for promotion and the line of %acquain-
tances it opens up as well ias for the
salary and the change from ordinary
work. His name was actually sent to
the senate, but had to be withdrawn.
McLemore vas the choice Of the gov
ernor for the position because OF the
fact that he had the endorsement o.
the miners unions, but the Legislative
delegation from the Hills was mainly
opposed to him. After listening to-
both sides of the question for some.
time the governor informed the sena-I
tors and representatives that IL they
and Chief Clerk Remer united in rec
ommending another person he would
ratify their choice, but that If they
failed to agree unanimously he would
appoint McLemore.
X At . o'clock on Monday the delega-
Etion had not agreed, and the governor
sent the Nance of MtLemore to the
senate. Before At could be acted upon,
however, the fdeleeatfon.sg got together
and agreed to support Thomas Gregory
also OF Lead. and the governor named.
him mex day. Gregory also had the
endorsement of most of the active pol
i~ticians of Deadwood, from both the
Phillips and anti Phillips wings of the
fparty, although some of the anti-Phil7
lips men were not particularly pleased.
with Phillips endorsement.
Pferre, Feb. 2S.-The supreme court
holds unanimously for the f~usionists
in the board OF charities and correc-
lions case, declaring that Rice and
LAWN were illegally.appointed by Gov
ernor Herreid, because Bronson land
Smith had been legally appointed by
Governor Lee to fill the vacancy.
The court decides that under the
constitution and absence of specific
statutory declaration when the terms
of SibbiSon and Laughlin had expired,
that when the governor and legisla-
wiz oAAN ~ PaA liC CaAlC-oolo
(senate having failed to confirm the
appointments), the Offices became va
cant and the governor had the power
to fill such vacancies, and consequent
ly had the power to fill the subsequent
vacancies caused by their resignation.
The court further holds that where
the constitution and statutes fix a def :
mite term for which officers shall hold,
and do not provide that such officers
shall hold until their successors are
elected and qualified, their terms ex
pire at the expiration of the time for
which they were elected, or appointed.
The court. also holds hat this ques
tion was settled in this jurisdiction in
the cases of the state VS. Finnerud and
the State VS.. Sheldon, and the decisions
of the old territorial supreme court.
The decision fell upon most of the
Republicans like a clap Of thunder
from a clear sky, few having had
doubts that the court would hold that
LAWN and Rice had been legally APP
pointed. 1t is within the power of the
governor to secure a removal of Kings
bury, Bacon and Smith under the re-
moyal bill recently passed and by vir'
tue of the disclosures made by the in
vestigating committee, but it is be-
lieved any attempt to invoke this law
at this time would result in it being
referendumed by the Populists, as the
members of this board cano only be re-
moved after a notice and hearing.
If the referendum should be invoked
it would make the removal law inoper-
alive for two years. In this dilemma
and in view of the condition of the
charitable and penal institutions a
disclosed by the investigation, the Re
publicans will undoubtedly proceed at
once to pass a law giving the governoi
mower to remove the members of thi: