Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-02-09
KENNEDY's BILL KILLED.

ably go to Frank.
KENNEDY's BILL KILLED.
Senator Kennedy, author of the bill re-
p ing the clause in the law excepting
the right OF eminent domain so far as
1t applies to smelters companies,
officiated as chief mourner at a funeral
in the senate yesterday. 1t was his own
bill that was laid in it's grave.
Senator Clark of Madison declared that
to pass the bill would be ito coniiscate
the smelling industry of Montana.
In reply Kennedy said that the smelter
companies had secured the passage OF
the iii in the last Legislature which en-
ab.ed them TO condemn the lands of the
settlers in Deer Lodge valley. He con-
tended that the smeiter companies had
10 such rights, as they Mera private cor
pOrations.
Il fail to hear any explanation from
the gentleman as 20 why he proposes to
make the peculiar changes in The law
proposed in this bill,'' answered Clark
why does he insist that the smelling
companies should be denied the same
rights accorded the mining companies
and other corpora lions? Why is is right
for placer mining companies to condemn
I0ilu loi' dumping ground!
Under the law OF the right of eminent
domain. farmer may condemn land on
the farm of his neighbor in order to run
ditch carrying water for the purpose Of
irrigation: yet this farmer is not giant
RI ration H, Is erant-d tn Sc
rights for private purposes. The
courts of Montana have held that
the mining industry is a publis industry,
entitled to the same rights as railroad
companies to further the development of
the resources of the state. The property
in Deer Lodge valley is not taken from
settlers in the manner Senator Kennedy
would have us believe"
Senator Fl. L. Myers asserted that
Senator Kennedy's position on the plin-
clple of the rights of eminent domain
was grossly wrong. adding that the right
is due to any person or company desir-
ing to DO anything that will promote the
public good.
Senator Kennedy answered that the
people in his county found It difficult to
get their rights in contests with the
giant corporations He believed that
if the smelter companies wanted private
lands for private use they should pay
private prices.
of the controversy at this juncture to
criticise what he termed a discrepancy
in the conduct of the senator from Deer
Lodge.
To-day the senator grows tragic in his
plea. for the settlers of Deer Lodge
county," he said land wants them r.
lieved from the oppression of giant
corporations, yet the other day he de-
CT 40 Iafa u i,,t,, I Nv
for the relief of the farmers Of Carbon
county, whose lands were being ruined
by the deposits from the coal mines"
AS esul- of this interesting debate
tire bl'l was Indefinitely postponed, the
only senators supporting it being Ken
rcGy, Warner, Conrow and Stanton.
OMNIBUS BILL DEFEATED.
Senator Clarks omnibus bill, providing
for an amendment to the state consttu-
ton, establishing a board of labor arbi-
tlation, prohibiting the employment OF
women and children III Underground
mines, and establishing the eight-hour
day in factories, on all public works and
in mines and smeters, has been laid
beneath the legislative sod.
The object of the bill was principally
to validate the eight-hour law passed by
the Legislature. Senator Clark himself
voted against the bill in order that he
might move for a reconsideration. AS
the bill proposed an am endment to the
constitution, two-thirds vote was
necessary in order to pass it. Four MEM
bers did not vote. II voted for indefinite
postponement and eight against the mo-
ton.
RAILWAY PASSENGER CHARGES.
Senator Murray will introduce bill in
the senate tomorrow fixing the uniform
railway passenger charges at three cents
per mile, allowing 200 pounds OF baggage
to each passenger. The bill is brief. but
businesslike. prescribing a fine of not
less than $500 nor more than 81 900 for
each violation of the law.
The Great Northern and Northern Pa
ciic lines viii not be affected by the bill,
should it become law, as they have al
ready declared three-cent passenger
rate for this state.
TWO IMPORTANT MEASURES.
The substitute fellow servant bill re-
posed by Senator Myers will be con-
s;dered as a special order next Monday
afternoon by the senate in committee of
the whole. Senator Stanton's fellow
servant measure was the first bill intro
duced in the senate. but the senate COM
mittee on judiciary reported it back for
indefinite pOstponement and recommend
ed the Myers bill as substitute. Sena-
tor Stanton believes that his bill is the
most effective measure and will again try
to get it before the senate. The railroads
unions have come to his assistance and
ne is now in possession of petitions from
many different organizations of railway
employees asking for the passage of his
bill. Representative Dixon has intro