The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1909-01-14
LEGISLATIVE WORK SHY
The Legislative Body Has Been in
in Rather Quiet Condition for
Several DAYS.

Several Days.
Pierre, Jan. 11.-The days pass
literally without incident above the
most commonplace. Except the proc
lamation asking aid for the stricken
Italians not a single item has come
from the executive office since in
augural. There is not even a scandal
to break the m%onotony of the routine
All of the bills thus far are of the
the session gives not much promise
most commonplace character and
of greater interest.
Senator Danforth has a bill abro-
eating the common law rule of rip
arian right. The effect of this bill
IL enacted is somewhat problemati-
cal. 1t is intended to restrict the
rights of riparian n adjoining
lakes to the completed fractional sub
division of which the abutting lot is
a part instead of extending it to the
center of the lake, but in fact there
is scarcely a lake in South Dakota
that has not at some time receded
and become dry-Kampeska is,
think, the only exception-and on
sequently the right of the riparian
owner has attached, and being once
actually vested perhaps cannot be
Invested by statute. 1t is at least
pretty certain that ii enacted the
Danforth bill will result in some in
teresting law suits. On the other hand
the application of the common law
rule will result in odd complications.
Senator Danforth has here a map
of a lake lying on the line between
Clark and K%ingsbury counties, in
which the rights of riparian owners
have been surveyed out and plated
by the county surveyor and owing to
the peculiar shape Of the lake the
result is a picture puzzle with the
problem to discover each mans hold
ings.
Arnold has a new fence bill which
1t is hoped will simplify the partition
fence situation and reduce the
amount of litigation from this pro-
Life source. 1t holds every owner
of agricultural lands from which he
derives beneficial use is bound to con
struct and, keep in repair half of
the partition fence, defines a legal
fence and provides that after thirty
days written notice to owner of ad-
joining land a party owner may
build the whole fence and In a civil
action recover the cost together with
costs Of proceedings and $25 liqui-
dated damages, the judgment to
be a first lien upon the adjoining
land of the delinquent.
Whiting of Sanborn has recon
structed the Parmley good roads bill
of two years ago and will fight for
its passage. 1t is directly in line with
Governor Vessey's message recon-
mendation and is deemed IN admin.
istration measure and will have the
governors earnest support. In this
respect it is in more favorable situa.
ton than was the Parmley bill ii
the last session as the author was
persona non grata to the admins
tration and consequently did no
cooperate in the passage of the bill
Senator Byrne's bill placing ex
press companies directly under thu
regulation of the railroad commits
sion and vesting that body will
power to fix rates will prove a high
ly popular measure. Everyone has
grievance against the express com
panies and have been pinched b,
the exhorbitant rates charged
While public service generally ha
been cheapened in other lines ex
press rates have steadily advanced
until they are quite double TIL
former figures. The investment in tn
business is generally small and profit
enormous. The people must protec
themselves and the Byrne bill is tn
first step in that direction.