The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1909-01-28
LEGISLATORS WILL TALK
Show a Disposition to Develop All
There is in a Measure Through

Show a Disposition to Develop All
There is in a Measure Through
a Generous Discussion.
Pierre, Jan. 21.-The primary has
taken a lot of the picturesque cut
of the election of a United States
senator. Perhaps no senator mas
gone from South Dakota with so
much personal popularity as Cover
nor Crawford, but his fight was made
last June, and his final election was
as p%erfunctory as the casting of the
ballot by the presidential electors.
Indeed the presidential vote in South
Dakota this year has been much
more exciting than the senatorial
election, for our electors thought
fully added a bit Of spice to the
otherwise s~piceless situation by get
ting tied up in a three days dead
lock over the choice of a messenger
but / anatorial election was dc
vcid OF even that thrilling feature.
In the latter case the Legislators
seen their duty and done it,, like
the transformations heroes that they
are should have done and that was
all there was to it.
The Mellette case furnished a pre-
cedent in the North Carolina case.
1t is c%ontended by some thai a mere
majority is sufficient to return the
North Carolina money which is ad-
mittedly legally in the treasury, what
ever the equities may be. In the
Mellette case the legal title to the
Mellette homestead was vested in
the state through a deed from w.
w. Taylor, but the equitable title
was in Mrs. Mellette. The legisla-
lture of 1897 by a majority vote at
tempted to return the property to
Mrs. Mellette, but the supreme court
said of this proceeding. cit was in
effectual for any purpose" If the
North Carolina bonds had not been
converted into money the. situation
would have been exactly parallel
supposing the equitable title of the
bonds still remained in North Caro-
lima. 1t seems certain therefore that
If the money is returned it must be
by a two-thirds majority.
There is in the house an unusual
amount of discussion Of bills upon
final passage and the talks r still
intelligent and to the point. No one
appears to talk for buncombe, as is
frequently the case but in every in
stance thus far it has been in the
way of deliberate consideration, and
every bill passed has been made bet
ter by it. Writings proposed amend
ment to the constitution, increasing
the attorney generals salary to 81
500. was talked into an amendment
by Johnston which simply provides
that the attorney generals salary
shall be fixed by law. This If approx
ed will leave the whole matter
in the hands Of the legislature and
1t is much more likely to meet with
popular approval than an increase
to an arbitrary sum-.
Taylor's bill limiting the life OF
tax certificates was also talked into
satisfactory form, and ten years limi-
tation agreed upon. At present there
is no limit upon the life of a certi-
hcate and frequently some industri-
Gus fossil Of territorial days is run
upon still stacking up its thirty per-
cent annually.
Writings bill to cut out the one
hundred feet between elevators, fea-
ture Of the present law and substitute
ing simply "a safe distance" caused
a brisk debate in which a dozen
members took part, and at the end
the bill passed by more than 81
votes.
On one day the senate made 9
record by neither introducing, MOI
passing a bill. 1t is tacitly agreed thai
an early date will be set when bills
must come only from committees
and 1t is likely the fortieth day will
be adopted. The plan was adopted
two years ago with satisfaction.
Not much business will be done
until the return from the vacation
next week when a flood of bills ant
committee reports may be expected
y Wednesday and Thursday morning
sessions we're held to permit thu
!. State Law Association to occupy tn
. house of representatives for its ses
/ sions. Dean Pattee of the Minnesota
! Law School was the chief speaker OF
= wednesday