The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1905-04-14
NEW CODE PASSED
BY BOTH HOUSES
Members Admit They Know
Little of What 1t
Contains

| The revision, as amended, was passed
| by both houses of the legislature yes
| terday. but not until damaging admis-
| sions had been wrung from the lips of
! Its sponsors. The code was passed amid
| scenes Of disorder, and there was poor
| ly suppressed excitement.
| W. b. Anderson, chairman of the
| house judiciary committee, admitted in
response to an inquiry from Burdette
Thayer of Fillmore, that the code will
have the effect of repeating the amend
ments passed at this session TO laws of
| former sessions. The laws themselves
are repealed by the enaction of the code
and with them go the amendments upon
| which the house and senate have spent
weeks of work.
To pointed inquiry by W. d. Wash
burn Jr.. Mr.. Anderson replied that his
committee could not say for certain
what was between the covers of the re-
vision.
rs the report of the conference COM
mittee simply Left to the clerks to COM
plete and to make the changes in the
code ordered by the conferees?" asked
Mr.. Washburn. There was no answer
II am not opposed TO giving street
railway companies the right of eminent
domain in cities and villages" Mr..
Washburn added but Ii should come
from the cities themselves and not
from the legislature. / would like to
ask If no member of this conference
committee has gone over this bill to
see whether the changes ordered have
been made"
No Member Knows
There was no positive information
forthcoming from the conferees, but an
explanation was made that the change
had been made by the senate in COM
mittee OF the whole. The senate keeps
in its journal none of the proceedings
m Of xuhn
and not until the appointment of a
committee to investigate was the in
formation revealed that the change to
the present law was made by the SEN
ate in committee Of the whole.
In the absence of this information,
Mr.. Washburn voted nay on the final
passage of the code. Henry McColl
of Ramsey was the only other member
of the house to be recorded in the
negative, though c. II. Block of Stearns
also voted no. but had his vote changed
before the final announcement of the
vote was made.
The fight on the adoption of the code
was on the moment Chairman w. b.
Anderson of the conference committee
had made his report to the house. He
asked that the report be accepted and
the code be put on its immediate pas
sage. Immediately there was a vigor-
Gus protest to rushing the revision
through the house without opportunity
for consideration. Mr.. Washburn said
he desired to ask that it lie over for
day, to be made a special order for
Friday. Speaker Clague refused to
recognize him to make the motion,
holding that the rules were against the
motion at this time. r. J. Wells,
George w. Armstrong and NJ. L. Fos-
seen Joined in the protest against too
hasty action.
Investigation Meant Defeat
Chairman Anderson declared that to
thresh out the code on the floor of the
house meant its defeat at this session.
He insisted on immediate action. Arm
strong pleaded for an opportunity to
know what is in the code. ]. G. Len
non insisted that his Hennepin county
colleague was out of order. The re-
port of the conference committee was
adopted In the midst of the excitement.
Then on the final passage of the
bill the fight was renewed. NJ. l..
Fosseen was intractable on the provi-
sions of the insurance laws in the re-
vision. He called attention to a con-
fiict between the terms of the so-called
O'Brien insurance bill, recently passed
by the house, and the codes chapter on
the duties and responsibilities of the
office of the state insurance commits
sioner.
Mr.. Anderson. P. E. Bowling, W. P.
Roberts and other friends of the re-
vision protested that there was no way
out OF the dilemma, for to attempt to
amend the code at this late date would
result in its defeat. 1t must be imme-
diately passed and enrolled or ii would
not become a law at this session. Mr.
Anderson urged.
Burdette Thayer asked a question,
the answer to which staggered the lay
men of the house.
would like tn Sk the cha Of
the judiciary committee" Mr.. Thayer
said, IF the laws Of previous sessions
amended by this legislature will not
be repealed by the code when it goes
| into effect March 1, 1862
Il think the gentleman is right in his
conclusions" Mr. Anderson replied,
and as the house stood aghast at the
admission, he supplemented il by de-
claring that there was no other way.
Then Mr.. Washburn propounded his
query as to the right of eminent do
main. The unsatisfactory nature of
the response caused him to ask an
| other question. 49, i,s.,
Has no member of this committee
gone over this bill to see whether the
changes have been made as ordered?"
he asked, and while members of the
judiciary committee. looked at each
other they admitted that none had.
The work had been left to the clerks
! Mr.. Fosseen. despite his protest
against the inconsistency of the in
surance chapter. voted for the bill, but
Mr.. Washburn. after insisting that ac-
ton should be delayed at least one day,
voted against the bill. He and Henry
McColl were the only members of the
house who refused to swallow the I'M
palatable dose, though several other
members refrained from voting until
forced to do so by the speaker. The
doors were locked when 113 OF the 119
members had been secured on a call Of
the house. Sherman S. S. Smith voted
yes for the purpose of offering a recon-
| sideration. J. G. Lund of Hennepin
| and L. o. Teigen of Jackson declined
to vote, but other members found them
out and insisted that the speaker re-
| quire them to vote. Both voted aye, but
| under protest.
Try to Ciineh Passage
The final vote on the revision was
| followed Immediately by a motion by
w. B. Anderson to reconsider the
vote, to clinch the passage of the
code. Strenuous objection was offered
| to this suggestion. Sherman Smith
| declared that he wanted a day to as
certain the status of the street railway