The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-03-03
Senate Work Thursday.

Bismarck, n. d. March 3.-Division
of the fifth judicial district was the
chief scrap of yesterday afternoon in
the senate. Largely through the efforts
of Representative Ployhar, assisted by
his friends in the upper house, his bill,
H. b. 216, creating the new thirteenth
district, passed by a vote OF 33 to 10,
which was just enough to carry the
measure. 1t is a constitutional pro-
vision that a division bill must receive
a two-thirds vote, and for time the
prospects for new district looked
precarious.
When the companion bill to H. B. 2l6,
Ployhar's bill Fl. B. 215, defining the
terms of court in the fifth judicial
district, was put on it's final passage,
much objection was raised by the SEN
ators from LaMoure and Stutsman
counties, who are both from the present
fifth district. Both were of the opinion
that no division was necessary.
Senator Mcdowell said the legislature
ought to be satisfied with the will of
the majority of the people of that dis
trict. Senator Steel of Stutsman
stated that there was no need for a
the bill would not only be unconstitu-
tional, but would mean a great deal
Of litigation and much expense to the
people. He said the residents of Griggs
county did not want the division at
all, and that the present judge of the
district did not feel that the territory
was so large but what he could fully
cover it thoroughly.
Senator Duis led the fight for the
passage of the bill. AS a disinterested
party in the matter, he said his only
object was to relieve the people of the
district so that their court affairs would
not be SO complicated, as he had heard
that many cases filed several years ago
were still on the docket and uncalled
owing to the congestion of conditions.
he referred to the quarrel between
Stutsman and Barnes counties and
stated the bill ought to pass
Senator Bessesen was also speaker
on the subject and he urged that the
bill pass merely on the statement made
by Judge Burke, late OF that district
and now of the supreme court, which
indicated the district was entirely too
large and covered a population Of So
600 people. He thought that reason
ought to be sufficient and above the
opinion of the present Judge of the
fifth district, Judge Coffey, who had
only recently taken his seat on the
bench.
Senators Talcott and Kennedy were
other advocates of the creation of the
new district. Senator Talcott felt as
one entirely disinterested and not re.
siding within the jurisdiction OF the
fifth district, that If conditions were so
congested, the people were crtainly
entitled to division and a new Judge.
Senator Kennedy wanted to know what
the cost would be to create the pro-
posed thirteenth district and he found
1t would amount to only about $500.
so he voted in favor of the bill.
Then Senator Bessesen called the
attention Of the senate to the fact that
two years ago the Stutsman county
delegation in the legislature two years
ago Were heartily in favor Of such a
division and were urging its passage.
He also stated that If the matter were
not attended to this session Il would
have to wait over four years, as only
once in four years can a division OF
judicial districts be made constitutions
ally.
The first Ployhar bill, H. 3. 215,
passed by vote of rs to IS, and the
division bill itself carried by 33 to 49,.
Messages from the house announced
the passage of s. B. 5. 200, z47, 153,
$40, ss5, 1926, 2s2. 257, PSI. 12s s11 and
204, some of which had been slightly
amended while the bulk were returned
unchanged. S. B. ESQ was killed In
the house.
The feature of the afternoon was
the assassination by the appropriation
committee Of a large number OF APP
preparation bills from the house and