The Saint Paul globe., 1905-03-10
/ WORK OF THE STATE LEGISLATURE !
CODE is LIKELY TO
GO THROUGH TODAY
Eminent Domain Clause for
Street Railways Is
Eliminated

II is expected that the code Will be
passed by the house today, though a
question when to make it's provisions
effective may put it over for another.
day. When the house adjourned at
4:30 yesterday afternoon, the chapters
containing most of the important laws
had been considered, and w. p. Rob-
erts, of the judiciary committee, said it
would have been adopted in another
half hour. Committee meetings, how
ever, forced the adjournment at that
hour
The important action taken yester-
day was to strike street railway COM
panieS from the section naming the
corporations entitled to the right of
eminent domain inside the corporate
limits of municipalities. A. ]. Rockne
was responsible for the motion which
excluded street railways from the fa-
vored class. He said the question
whether street railway company was
not already entitled TO the right was
one for the courts to decide. Railway
companies have the right, and lawyers
differ as to whether or not street rail-
ways come within the general classi-
dcation of railways. Mr. Rockne said
he was moved by belief that TO leave
the code with the provision in II re-
lating to street car companies was to
give the code a bad odor 1t was new
legislation and should not have been
injected into the code. The friends OF
the original proposition did not press
the point.
Chapter II, relating to liens. was
under discussion during. much of the
afternoon and caused more argument
than has come up during the consid-
Grafton of the code.
johnson Wants 20 Armand
L. III. Johnson of Minneapolis wanted
to amend the chapter so as to provide
that all liens should precede mort
cages given during the period of con-
struction of a building, leaving the
mortgage, in case of default TO await
the satisfaction of the liens, These
were first to be satisfied without prior
fty among themselves
Against this IL was argued that the
erect would be to prevent anybody en-
engaged in building homes>to borrow
money to do 1t with after the work was
once started. The house talked a couple
or hours on it, Hennepin county mem
bers yielding most of the oratory, and
then the Johnson amendments were
voted down, 56 to 54.
G. IL Wyman of Anoka offered an
amendment, which prevailed, creating
three classes of claims against real
estate that is being improved. First
would come the liens for labor and
materials furnished before the mort
gage came in. Then, after these had
been satisfied without priority among
themselves, the mortgage would be
SATISFIED. If anything was. left the
liens for material and labor furnished
after the execution of the mortgage
would be entitled TO a pro rata share.
Two Deer Limit
The chapter on the preservation of
game, chapter 32, took up the rest of
the time. A j. Wood of Wright coun-
~ wanted to permit three deer a sea-
son to be killed, as provided by the
present law, instead of two, as the
amended code provides, but the house
voted down his amendment
The Judiciary committees amend
ments Included an entirely new chap
Ter on game and fish, drawn up by the
game ana hsh commission, the prin-
clpal feature of which is that II per-
mits less game to be killed than the
OLD law does. Frank Haskell of St
Faul onered an amendment striking
out the new chapter and substituting
the one prepared by the revision com.
mission, based on the old law. but the
amendment was lost
Inc game and fish committee of the
mouse wanted to increase the salary of
the fish hatchery superintendent 5fro,,,
$1,000 to $4,000, but when the house
neard that the salary is 81 200 1t voted
down the amendment.
10 the new provision that only
twenty-five fish can be caught In a day
an amendment was adopted Yesterday
provldlng that 1t shall not appIy to
sunflsh, perch and pickerel.
IL was rather dreary work for MANY
OF the members, and it was necessary
TO institute several calls of tba h,,,...
to get members enough in to do the
work ~ eiic