Dakota farmers' leader. (Canton, S.D.) 1890-19??, 1907-02-22

! lost on his appeal to the United states
| court of appeals, and under the sen
tence of the United States court VIII
be compelled to go to penn
tentnary for a period OF eighteen
months, and pay a fine OF sl,ooo'
| Stearns with w. J.. Horsnell, of ST.
Paul, was convicted of attempting to
defraud the government of lands west
of the Missouri river by Fraudulent
filings made by clerks and office girls
in st. Paul, representing to them that
All they need to do was to sign certain
| papers, which would entitle them TO
a quarter section of land, which could
be sold at a good price. These papers
were filing applications, which Wouid
be secured by Horsnell, and sent 10
Stearns with which he covered up
homestead lands. Stearns has carried
his case. to the appeal court, ana Will
probably have to serve the sentence.
Horsnell, who worked the st. Paul
| end of the deal, was sentenced to nine
months in Jail and q fine of $500. TIE
supreme court has granted a writ or
error and certificate of possible cause
in the case of Sherman Lull, of Day
county. who was sentenced to pay a
fine of $3.50 on q charge of criminal
conspiracy. The certificate acts as a
stay of sentence until the case can be
heard in the supreme court.
Il
The action of the conference COM
mittee on the question of leaving the
newspaper contract clause in the anti
pass bill came in the way of a sur
prise, as it was thought that DoWdell,
himself in the newspaper business,
would be in favor of leaving that
clause in the bill, especially as he had
attempted to secure its insertion when
the bill was acted on in the senate.
But when it came to voting in the
| conference committee he took the po-
sition hat as the newspapers were
largely the cause of the anti-pass sem
timent in the state. they should take
theirs with the rest of the folks, and
voted with the majority. In this he
was also with the majority of both
houses, as shown by the vote which
accepted the conference report. The
members Of the committee who voted
to strike out the newspaper amend
ment were Senators Byrne and Dow.
dell and Representatives Carley and
Hale. Senator Cook and Representa-
tive Hare voted to retain that provi-
sion, but their attempt to get in a mi
lority report on the matter was vain.
In the house and senate the inveSti-
eating committees submitted reports
on their findings in their investiga-
ton charges against eX-Govs. Herreid
ard Elrod, and incidentally the rail
way commission, in regard to two en-
p1oyeS of that organization. Their re-
port, which Chairman Glass in the
house explained was not yet complete,
says Gov. Herreid, through the contin-
| gent fund, drew from the state 81
317.41, and GOV. Elrod from the sem
ate fund drew $500, all being in vio-
lation of the provisions of the consti-
tuition; that p. J. Rogde was employ
ed as the attorney of the railway COM
mission in violation of the constitu-
ton, he having been 81 m of the
legislative session which appropriated
money for that purpose. and was paid
$3,OS5, and that D. c.. Kicker was m
ployed by the railroad commission to
fill the position of weight and scale in
spector, an office not authorized by
law, and paid $4,000.
Attorney General Clark has ruled
in a case which was brought to him
from Lyman county, that the fence
law which is being enforced west of
the Missouri river, under the provi-
sions of the act of 1891, is unconsti-
tutiona1. The law seeks to apply one
law west of the Missouri river and an
other east of that stream. His ruling
is in effect that the herd law applies
TO all parts of the state alike, and that
there is no Difference so far as the
river being the dividing line is cor
cerned. The only way in which, in his
opinion, this could be legally carried
out would be by a state wide aw,
county optional, in which case if any
county voted for a fence law it them
would be in full force and effect, but
not until such a vote had been taken.
Attorney General Clark has written
an opinion at the request of the state
treasurer. in which he holds that in
case of inheritance tax coming to the
state. that the expenses of collection
of the same should come out of the
state share of the fund before it is re-
mitted to the state treasury. In the
past the counties in which the tax was
paid have been obliged to stand this
expense, without getting any return
for the service and expense, and this
will be RENTED under the ruling
which las just been made.
= II
Congressman Martin has denied
tldl lleIe is any OdSlS OF charges
against him, and requesting that the
committee state specifically what the
have heard against him, and the
names of the parties making the
charges. Resolution were introduced
in both houses demanding the the
committee act in accordances with
request of Congressman Martin.
The senate passed the Sioux Falls
franchise bill granting the city of
Sioux Falls to grant a thirty-year
franchise to a street car
Dowdell succeeded in having the bill
as it passed the house amended in the
senate so as to require a three-ffths
votes to grant the franchise. The bill
will now have to go back to the house
for4concurrence in this amendment.
The row in the city affairs IL.
Pierre has resulted in the arrest of
Postmaster Nipple and a warrant is
| out for Taylor, mas of the Capt.
~tal-Journa1, the paper owned by Hip
pie, on a charge of criminal libel in
relation to the charges made in the
president of the council, and Alder
mar Bi~llinghurst, editor of the Daily
Dakotan, lave been arrested on the
charge of the illegal issuance OF a war
rant i'll the absence of the mayor, and
things are getting we'll tangled n the
matter