The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1915-02-20
THE LEGISLATURE
BILL TO RELIEVE COMMISSION
GOVERNED CITIES OF
THE STATE.

Pierre. Feb. 2O.-How to get the
commission governed cities of South
Dakota out of their precarious posi-
ton, pointed out by Judge Gates in
his speech a few weeks ago before
the state bar association, has caused
the judiciary committees of both
houses more trouble than anything
else that has come before them this
session. They finally perfected a
bill which it was believed would re-
lieve these cities from the imminent
danger of having all their acts and
bonds declared illegal and jeopardize
their very legal existence, only to
have it warmly assailed by Repre-
sentative Benson of Moody, who de-
clared that the committee had es-
sayed to lift the commission cities
out on the dry land with a bill that
would plunge the smaller cities into
the water.
The bill declares that distinctions
and laws with reference to commits
sion cities shall not be construed as
creating any additional class of mu-
nicipal corporations and adds a saw
ing section preventing any one ex-
cepting the state from starting action
to prevent such cities from exercising
their corporate powers.
B%enson's contention is that article
10 of the constitution provides that
no corporation shall have any powers
or be subject to any restrictions 9TH
er than those of all corporations of
the same class; that the bill groups
cities of the first and second class as
one class of municipal corporations.
These two classes of cities, he said,
have different powers and are sub
iect to different restrictions and come
squarely within the constitutional in
hibition. He declared this was an
attempt to cure one imagined evil by
an actual evil.
The house worked for some time
on the bill and adjourned without
putting it to a vote.
A proposal to make the election OF
county commissioners at large in
stead of by districts. contained in
McKinnon's bill No. $50, met with
decided opposition in the senate on
the grounds that 1t would permit
cities to rule the county. 1t was fav-
ored by the author and opposed by
Mclean, Urdahl, Sheafe, Lundly,
Pearson and Stutenroth. The bill
was killed to 6 to "a.
Strict prohibition against the sale
of cocaine and similar drugs was
voted by the senate, Notwithstanding
the bill was bitterly opposed on the
grounds that it would prevent many
remedies being taken without a ply
sician's prescription, and such drugs
could not be obtained even for treat
ment of animals. The bill passed
26 to 8.
Senator Stoner made a hard fight
for his bill to prohibit the taking OF
more than 10 per cent for interest
and commissions on real estate loans.
He said the law was needed west OF
the river where a borrower must now
pay 5000 for 1928 when he asks to
borrow $500, and must pay 1866 II
his luck is bad. The bill received
twenty favorable votes to eighteen
against, but failed of passage, not
having the necessary majority.
Taking away from sheriffs their
present fee and mileage privileges,
and giving them a fixed salary with
actual expense allowances, is propos-
ed in house bill 279, introduced by
Representative Thompson of Mime
haha. Salaries range from $500 in
the smallest counties, to $4,000 In
the largest. Mileage is only allowed
for overland travel, and all railroad
fare and other expenses are to be for
actual money paid out as shown by
vouchers. All fees are to be turned
into the county treaslry. Board for
county prisoners will be paid for on
a basis of actual cost. The sheriff is
allowed no per diem or mileage for
conveying prisoners to penitentiary
or insane persons to hospitals, receiy-
ing only remuneration for his actual
expenses.
Figures which Mr.. Thompson has
collected show that counties are
spending large sums in fees to sher-
ifs in addition to their regular sal
aries and he believes a great saving
will be effected by having these fees
turned into the county and cutting
out extra charges for transporting
prisoners and insane people.
The senate passed the bank guar
anty bill known as the administra-
ton bill. 1t provides for the estab-
fishing of a department of banking
and finance and a banking com
mission, the control of which repre-.
sented the main difference between
the bill just passed and that favored
by the bankers association of the
state. The commission is to be ap'
pointed by the governor from a list
Of twelve submitted by the bankers
association. 1t consists OF three