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Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, March 11, 1897, Image 1

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Why He Vetoed the Appro­
priation Bills—Extra Ses­
sion Avoided.
By the Passage of B|lls Over
Veto—Fusionists Sustain
the Governor.
List of Bills That Have Already
Become Laws—Others
Not Acted On.
Gov. Briggs vetoed the following ap­
propriation bills:
Agricultural college, $22,000.
Agricultural oollege, $10,000.
Normal, Valley City, $20,435.
Normal, May ville, 920,900.
Deaf scbool, $19,250.
Insane hospital, 8109,750.
University deficit, $8,500.
University, 850,720.
Penitentiary, $18,350.
Soldiers' home, $12,200.
Add to these the fixed or not vetoed
appropriations 8252,000, the whole prac
ticaliy amounts to $600,000.
In his veto message the governor said:
"I regret the fact that these measures
cannot receive my approval, but the
reasons to me are BO apparent that my
duties seem plain.
"If there is any legislation that should
receive careful and painstaking consider­
ation it is certainly that of providing for
the maintenance, of our public institu­
tions. Ample time should be given
committees to discuss and pass upon ap­
propriation bills, and if this be true of
committees it would appear that the
executive ought to be accorded the
courtesy of a reasonable time to con*
sider these matters. In the present
instance these bills oome to the execu­
tive eight hours prior to the final ad­
journment of your honorable body. It
certainly will not be contended that this
is sufficient time to give to snob import­
ant legislation.
"The total amount appropriated in the
bills herewith returned without my ap
proval in my opinion is largely in excess
of the expected revenue. Careful esti­
mates have been made by the state
auditor and state treasurer as to the
probable income for the biennial period
under the present laws, and to this ha*
been added liberal allowance for reve­
nue contemplated under pending legis­
lation. Yet, the fact remains, that there
will be insufficient funds to meet these
appropriation bills. Assuming liabilities
in excess of possible receipts is not a
good business proposition, and I do not
believe that a single member of your
honorable body would consider it so
were the same conditions applied to his
own affairs.
"Appropriation bills oan be passed in
form which do not as a matter of fact
appropriate, and in this
instance it seems
to me that fact stands out prominently."
The vetoed bills passed both senate
and bouse over the governor's veto. In
the senate the fusion members, populists
and democrats, voted to sustain the gov­
ernor on all appropriations except that
•of the state hospital. In the house the
fusionists also voted to sustain the gov­
ernor's veto practically unanimously ex­
cept in oases of hospital and deaf school.
All republicans voted to pass the bills
over the veto and trust to luck to get
the money from some source.
It is intimated that the temperance
commissioner bill will be vetoed on the
grounds of inadequate revenue to pay
the salaries of commissioner and depu­
About the only open charges or talk
of boodling this session was in connec­
tion with the prohibition bill ard the
vote of, Mr. McPberson (pop.) Barnes
county. He cluimad, it is said, in the
committee, to have been offered $500 to
vote for the change in the penalty clause.
On general views he was opposed, but
his election was due to votes of Valley
City aad he had a telegram of mayor and
council and 149 others asking him to
vote for the bill, which he did on the
tinal vote. Some of the temperance peo­
ple were warm and accused McPherson
of bribery, but afterward withdrew their
remarks and the house gave him a vote
of contidenoe.
The closing hour was without exciting
or specially interesting incident. Mr.
Lenz offered a resolution on behalf of the
minority expressing a lack of confidence
in the majority which was referred to
the committee on ways and means.
Senate bill 174, introduced by oomit
tee, appropriating $18,000 per annum for
caoitol maintenance and expenses of the
executive departments passed both
houses but it did not reach the gov­
ernor. Owing to error in code present
appropriation is bnt $15,000 for two
The bill passed defining expense and
requiring officials who traveled on passes
to make no charge for mileage.
Appointments Were sent in and con­
firmed as follows: State reform school
—C. A. Hegaard of Morton county, Hy
Gilbert of Billings, for four yearo each
W. J. Etberingand of Oliver, A. F. Fol
som of Stark and Horace Walker of
Mercer for two years.
Trustees of the deaf and dumb asylum
—H. A. Nicholsen of Ramsey for four
years to fill vacancy.
Veterinarians—Paul Belding of Grand
Forks, W. F. Crewe of Kamsey, O. H.
Martin of Cass, C. H. Potter of Kidder,
WM. Mackin of Morton and W. S. Stin
son of Pembina, R. H. Treacy of Kidder,
F. W. Tompkins of Benson, Charles
Ferrier of Stutsman.
Members of the state bt of agricul­
ture—F. G. Barton of Foster, E. 1).
Skinner of Ward, Thos. J. Baird of Nel­
son, J. H. Maltby of Sargent, J. A. Field
of Burleigh, Harry Cooper of Traili, R.
Weagant of Walsh, all for two years
Trustees of industrial school at Ellen
dale: W W Milham, A Crabtree and
Thomas Fans of Dickey.
The majority of the veterinarians ap­
pointed are hold-overs.
Bills That Have Become Laws.
The following is a list of senate and
house bills passed by the recent legisla­
tive session that nave been approved by
the governor and have become laws.
There are about 95 other bills in the
governor's hands waiting action, and
as soon as these measures are actea upon
the list of such as have become laws and
such as may be vetoed will be added to
tbe following. The governor
days in which to consider bills. The
complete list of laws passed will be
worth filing away for reference.
I. Haggart's—Prohibiting convict la­
4. Hanna's—Refunding the bonded
and other indebtedness of the state.
7. Clark's—Reimbursing MoLacblan
and Montgomery for services on the
state board of health.
8. Creel's—Organization of military
companies to build armories.
II. Rourke's—Providing for terms of
the supreme court at plaoee other than
the capitol by giving twenty days notice.
12. Rourke's—Providing for type­
written copies of brief in oertain cases.
13. Rourke's—Authorizing judges of
the supreme court to employ a stenogra­
14. Rourke's—Amending laws as to
writs of habeas-corpus.
15. Veit's—Provides for placing jury
in charge of bailiff in civil oases.
17. Haggart's—Requiring meetings
of stockholders of domestio corporations
to be held within the state.
18. Haggart's—Regulating the num­
ber and power of directors.
19. Haggart's—Providing for forfeit­
ure of corporate franchise on failure to
comply with tbe law as to meetings and
appointment of agent.
20. Little's—Providing manner of
proof of written instruments with wit­
21. Little's—Regulating the redemp­
tion of real estate from judicial sales.
28. Haggart's—Clerk hire for the
various state officers and making an ap­
propriation therefor.
25. White's—Providing that sheriff's
deeds on foreclosure of mortgage may
be recorded without certificates of taxes
26. Little's—Providing for manner of
notioe for taking testimony of unknown
27. Little's—Regulating procedure in
civil aotions.
32. Rourke's—Providing for attach­
ment where defendant has obtained
property under false pretenses.
33. Benedict's—Revising the laws in
relation to incorporated villages.
39. Wishek's—Pleadings in
40. Gordon's—Providing for
iu cities.
46. Marshall's—Repealing
thistle law.
47. Marshall's—-Refunding Russian
thintle fund to counties.
73. Little's—Amending laws as to
appointment of penitentiary and reform
school boards.
74. Itourke's—Providing that clerks
of county courts having increased juris
diotioD shall receive compensation only
ns clerk of the district court.
75. Rourke's—Providing that the
oommander of the G. A. R. must not
neoessarily be chairman of the reform
sohool board, though he shall remain a
77. Wishek's—Making certain the
meaning of the codes as to adultery.
79. Wishek's—Providing for increase
or reduotion of the number of county
83. Little's—Allows state board of
canvassers to adjourn to await the re­
turn of a messenger.
96. Little's—Correots codes as to
liabilities of common carriers.
98. Rourke's—Challenge of jurors in
criminal cases.
103. Rourke'jB—Defining subjects of
which courts will take judioial notice.
106. Haggart's—Permitting and regu­
lating tbe practioe of osteopathy.
122. Rourke's—Establishing, limiting
and defining the law of presumptive harmless remedy that produces immedi
-i~— ate results. D.Baldwin.
138. Joint Committee's— Protection
of game and fish.
188. Marshall's—Compensation of the
messengers of tbe bouse and senate.
Agricultural college, $22,000.
Agricultural oollege, $10,000.
Normal, Valley City, $20,455.
Normal, Mayville, $20,900.
Deaf school, $19,250.
Insane hospital, $109,750.
University deficit, $8,500.
University, $50,720.
Penitentiary, $48,350.
Soldiers home, $12,200.
20. Hurley's—Linooln's birthday.
28. Mitchell's—Preventing the prac­
tice of law by judges of county courts
having increased jurisdiction.
44. Mitchell's—Amending laws as to
census of village in connection with in­
46. Power's—Changing good time
law of conviots.
21. Power's—Allows discretion as to
.the foreclosure of contracts for the sale
of school lands.
22. Twiohell's—Bail upon appeal in
criminal aotions.
59. Mitchell's—Allowing fees to wit­
nesses held in confinement.
51. Dougherty's—Fixing beginning of
term of auditor March 1.
24. Goplerud's—Fees of sheriff in case
of redemption from foreclosure sale.
15. Francis'—Taxation of insurance
42- Wood's—Collection of delinquent
41. Earl's—Bounty for arrest and
conviction of stock thieves.
45. Belden's—Dissolution civil town­
40. Sharpe's—Revision of laws in re­
lation to lease of school lands.
39. Hankinson's—Challenge of jurors.
GO. Mitchell's—Liens on crops.
111. Mitchell's—Proceeding in insol­
1, Murphy's—Bounty for the de­
struction of wolves.
BISMABCK, Maroh 6th: The legislature
adjourned laat night.
The appropriation bills were passed
over the governor's veto with few dis­
senting votes, after having been vetoed
in whole or part on grounds of insuffi­
cient revenue.
The asylum appropriation is $109,750,
the original amount named in the bil).
Rep. McGinnia' bill to bond lands of tbe
asylum to raise funds for erection of an
additional watd building also passed.
The bill to rednoe the salaries of the
asylum officials failed on final passage.
The divorce law was not changed in
any respect from the present law.
The bill taxing insurance companies
failed to get through.
Tbe temperance commissioner bill
passed, but no appointment has yet
been made.
School Treasurers Reports.
The publication of school treasurer's
reports, H. B. 107, is amended. In ad­
dition to the publication the paper con­
taining tbe report must be sent to every
voter whose names are furnished the
publisher by the clerk.
Said By Others.
Representative Lenz: The members
who helped put the amendment to the
prohibition law through the house
worked hard and had a great deal to
overoome. Ryan of Grand Forks coun­
ty took the lead and showed good gen­
eralship. Ed. Cole of Fargo is a host
also. When the Jamestown petition for
resubmission, signed by over 230 citizens
and all but four of tbe business men,
was presented, there was applause. The
sentiment of this city and county was
plain to the members. The change ia
the laws will bring about a square fight
on tbe issue two years from now and
lead to a quicker settlement of tbe ques­
tion. That was tbe feeling of many
Judge Rose: On the whole, the ac­
tion of the legislature in amending the
penalty clause of the prohibition law is,
in my view, right. The penalty was too
severe for the offense. I am informed
that both fine and penalty were more
than tbe temperance people at first
expected to get.
J. W. Grece: Came in from Airow
wood lake yesterday with a load of hay,
a hard job on these roads. Several times
tbe sled overturned and it was necessary
to shovel out the team and sled. Owing
to snow covering road it was impossible
to drive the team and the horses bad to
find their own road, which they did. At
Mud lake the snow has filled in to the
tops of tbe rushes on the bank, about
eight or ten fee* high, and has drifted
clear across the lake to that depth.
There will be high water in the Jim
river this year all right.
Minutes seem like hours when a life is
at stake. Croup gives no time to send
for a doctor, delay may mean death.
One Minute Cough Cure gives instant
relief and insures reoovery. The only
Uf tpp* ,** «,p fi1
a commission
for tbe compromise of the delinquent
tax of the Northern Paoifio railroad.
149. West MisBonri river veterinarian
Legislature Modifies the Pen­
alty Clause in the Pro­
hibition Law.
Leaves It Optional
Courts to Fine
Chas. Ferrier Appointed State
Veterinarian for This
BISMABCK, Maroh 5th.—'The house
yseterday passed an important amend­
ment to tbe prohibitory law, after along
debate. The amendment is to ohange
the penalty clause to read fine or
impnsonment, or both, for violations,
instead of as present "fine and imprison­
ment." The temperance people's view
of the law is voiced by Representative
Francis, who said of it:
Every liquor dealer in tbe eastern
cities favors this amendment and every
member in this house who wants license
favors this bill, and it is therefore safe
for those who desire temperance or the
enforcement of the prohibition law to
oppose. It lets down tbe bars, and
looked at from every possible standpoint
of temperance it should be defeated.
PSBS this bill and it means the return of
the open naloon in every city and every
hamlet in tbe state. Wherever people
congregate there will be tbe open saloon.
The offender will run on for a time unr
molested and when brought before the
court and fined $200 another will take
bis plaoe and tbe business will go on as
before. To pass this bill is to say that
party platforms mean nothing.
Other members denied any foreign
liquor influence and said the bill would
lead to a better enforcement of the law,
and was introduced beoause it was im­
possible to secnre convictions nnder the
present severe penalties and that it
takes away none of tbe power of the
judges. It only gives them discretion
to make discrimination where discrimin­
ation should be made. There is no
other violation of the law, no other mis­
demeanor where imprisonment is not left
diaoietionary with the judge, and to
deny discretion in these cases was an
insult to the judges. Tbe bill is in the
line of deoenoy, in tbe line of right, for
the penalties now are beyond what tbe
offenMs deserve.
'~%w'5ARok, Match 5.—(Special.)—The
White bill to amend tbe prohibition law
passed the aenate this afternoon and
with the governor's signature will be­
come a law. Tbe .fight on the measure
was one of the hottest in history of legis­
lation. Tbe bill also does away with
closing of buildings used as saloons and
in effect makes a local option law. Fines
are not lees than $200 nor more than
than $1,000. Violators oan be fined
once in six months or once a year, or
oftener. There is a penalty for a second
offense of imprisonment of not less than
90 daya,
The report of tbe special house com­
mittee, to determine the condition of the
state prohibition law, goes into details of
causes for violations of the law.
From tbe testimony taken the report
sayB, that iu various points in the state
the law is fairly well enforced where the
looal sentiment is in favor of doing away
with the liquor traffic. That in such
places the number of saloons is much
less than under the license system in
operation before tbe prohibitory law was
enacted. That the traffic in intoxicating
liquors is materially lessened, and the
results are beneficial and conducive to
sobriety. Continuing the report says:
That in other places there are numer­
ous violations ot the laws, in some to
flagrant und open tnat it is impossible
that they should not have come to thei
notice o£ the authorities, who in such in­
stances are deserving of the severest
consure for manifest neglect of duty.
From the evidence herewith submitted
it will be found that such violations of
me law exist the more numerously in
localities where the majority of the peo­
ple are not iu active sympathy with tUo
temperunoe cause, and not in sympathy
with any law tending to abolish the
liquor traffic. That in 6uch instances
the polls are freely used to secure the
election of local officers who are more or
lees hostile to tbe enforcement of the
luw. In some suoh instances the officers
tiave connived at violations of the law
have been aware of its violation anti
have taken no steps towards its enforce­
ment under the guise of regulating the
traffic and at tbe same time deriving a
revenue for their respective municipali­
ties nave practically endeavored to evade
and nullify the present law, and to re­
turn to the former system of license.
That under city ordinances, giving a
color of right, licenses are issued to vari­
ous parties to sell "soft drinks" and
"liquid drinks" or rua a "shooting
gallery,'' and that such hoenses are ui
effect, licenses to sell iutoxioating
liquors and escape prosecution by the
authorities, and are so understood by
all oitizens of the towns or cities where
tbey are issued. That tbe issuing of
such licenses has been made an issue in
local elections, and that city officials
have been elected for the express pur
poae of issuing such licenses, and in
consequence nullifying the law.
The violations of the law are lees fre­
quent where no suoh licenses are
Private oitizena who are in favor of tbe
enforcement of the law find themselves
in the minority iu localities wfcere such
licenst are issued, and are very reluc­
tant to take upon themselves the re­
sponsibility of luyiug complaints against
tbe violators of the law, sometimes for
the reason that tuey are discouraged by
a sense of the uselessness of any attempt
to convict, based upon their observation
of former acquittals, sometimes from a
feeling that their business interests,
persons and property may be imperiled
by any endeavor on their part to en­
force the law.
In tbe light of tbe evidence laid before
thia oommittee, and in the opinion of
tbe committee based on such evidence,
we would respectfully recommend that
tbe burden ot the responsibility of see­
ing that tbe prohibitory law is enfoioed
be removed from private oitizens, at
least in communities where those in
favor of enforcing the law are in tbe
minority, bat private citizens be relieved
from tbe necessity of assuming tbe
duties of law officers, and that the work
of enforcement be made tbe special duty
of a state offioial, who may deal in all
localities without fear or favor.
We recommend prohibiting cities or
other municipal corporations from issu­
ing licenses to sell drinks, or resort to
hny shift, device or tacit understanding
by which the selling of intoxicants may
be fostered or encouraged or leniently
dealt with, or by which the selling of
drinks of any kind may be made a source
of revenue to the corporation.
When the prohibition law was enacted
the state was taken as a unit. In the
enforcement of it, therefore. recom­
mend that the state be ah.o made the
unit, und that it* enforcement coex­
tensive with the state irre.-pective nf
local acta'(itnpm.
Referring to the above the Tribune
This report, was accompanied by the
evidence taken from the persons appear­
ing before tbe committee from various
parte of the state—among them Mayor
Patterson who explained all about how
places were licensed in Bismarck for the
salt^oi'-liquid drinks"— but not to inter­
fere with state laws—how be was peti­
tioned to uo so by tbe leading taxpayers
of the city, etc. Bailey Fuller, who
didn't really know much about James­
town—thought everything was as good
as could be expeoted Mayor Johnson of
Fargo—who has a bobby about how to
control and regulate houses of ill fame—
an eye opener for Mr. Aas—and others
—Chairman Hurley not insisting on the
full report appearing in tbe journal—in­
timating it was pretty load—and any
one wanting a smell could get it by go­
ing to the clerk's deek.
Charles Ferrier of Jamestown was ap­
pointed diatnot veterinarian for the
Fifth diatrtofc and confirmed by ^tbe
The Mandan Fair bill passed the
house with $2,500 for two years.
Tbe temperance commissioner bill also
both houses are now holding morning
The bill reduoing salary of land com­
missioner to 81,500 was passed.
Representative McGinnis' bill for new
buildings at asylum has been favorably
eported by the committee.
A bill was introduced authorizing an
assistant superintendent of tbe insane
hospital, also cutting tbe superintend­
ent's salary to $2,000 a year.
The proposed measure reducing sala­
ries of register of deeds, county treas­
urers, auditors and other county officers
contemplates a cut of from 10 to 20 per
Tbe legislature recommended that tbe
Btate's delegation in congress be asked
to secure the appointment of special
land agent for Col. Lounsberry, who has
heretofore served in that government
It is reported that yesterday's delayed
No. 1, which did not reach Bismarck
until 10
m., brought in a large sum to
be used to prevent any change in the
prohibition law. It is supposed that the
funds oame from outaide liquor dealers,
but they arrived too late for any use. it
is said.
One of the last acts of the legislature
wa9 to add 10 more clerks to the house
pay roll. Several of the old force that
had heen arawiug salary for 60das
were absent or sick. The Fargo Forum
completes the incident:
Mr. Crynn, notwithstanding the report
of the committee, said they did not need
any more clerks, and he would prove it
to the satisfaction of the house if given
an opportunity, hut Cryan is a pop aud
what does he know of economy.
The bill introduced by Mr. Leuz fixes
the maximum rates for telegraphing t^n
words to or from any point in this state
at 20 cents and 1 cent a word for each
additional word—between 0 o'clock a.m.
and 8 o'clock p. m., and for all messages
sent between 8 p. m. and a. m. the
maximum rate shall be 1 cent. Tbe
maximum rate for telephone messages
shall be 25 cents for the first five min­
utes and not to exceed 3 cents for each
additional minute. The penalty is fixed
at not less than $50 and not more than
$500. The measure will hardly get
through, says tbe Bismarck Tribune.
The rate now for telegrams of ten' words
or less from the capital to any noint in
the states or from any point to tbe capi­
tal is only 25 cents. And there is so
much deadhead business—it's a question
which numbers the most—paid or un­
Another Invention For Snow
Bucking Being Tested on
This Division.
Stutsman County Traveler
Returns From a Trip
to Cuba.
No Place For An American at
Present—Citizens Not
The new Rnssell snow plow is now
being tried on the main line of the
Northern Paoifio and is found to be suc­
cessful in clearing the track of snow
quickly. It is built on liner lines than
the old wedge plow, requires lees force
to operate and ie able to get under pilee
of snow quicker and more effectually
than any plow yet designed. It is built
of Virginia timber, layer upon layer.
The plow is a Maine invention, but the
factory is located in Virginia to secure
special varieties of wood needed in con­
struction It is said the plows are as
carefully made as a yacht. The point
and the edges are shod with iron, the
trucks of the car on which the plow is
built are of a special design, and the
whole is so carefully constructed that it
is practically always ready for duty—
never has to be thawed out or rested for
aoy purpose after a run. It is said to
slide through a six and eight foot drift
with e*se. picking up speed tbe mean­
while. There is no jar when a drift is
struck, owing to the line lines on which
tbe plow is built. Tbe flying snow or a
gradual decrease in speed is about the
only evidence of a drift.
But where tbe snow is packed hard
and frozen it will not do the work a
rotary will, it is said. The Russell plow
was stuck for hours at a station in tbe
Rid river valley last week, where it
stopped to take water. Tbe exteut ot
the drift was not realized until after it
was too late and it required a rotary to
dig the plow out. Railroad men say had
it not been for this stoppage tbe plow
would have sailed through the drift
with little difficulty. Some 65 of these
plows have been built and are in oper­
ation. Mr. Russell, the inventor, ie
with,the car on this division.
Back From Cuba.
W. L. Jones of Edmunds returned
Thursday from ao eastern visit. While
absent he states be visited Cuba, going
on a sailing vessel, returning on steamer.
He was disappointed in finding no
profitable service open in Cuba to
Americans. Tbe insurgents don't want
them and it's very bard, be says, to get
through the Spanish lines for any pur­
pose. Tbe Whole island is patrolled.
Mr. Jones thinks the Cubans are
bound to win, but the island will be
wrecked, commercially and agricultur­
ally speaking, for a long time. He
visited Havana and Matanzas. In New
York, at the Cuban headquarters, are
hundreds of persons offering to enlist to
fight the Spaniards, but their services
are declined. Mr. Jones says that occa­
sionally firing can be beard Havanna
that the city is full of strangers that
many Americans have become impover­
ished and are reduced to beggary who a
short time ago were in affluence. "This
government has not stood by the rights
of its oitizens in foreign countries," says
Mr. Jones, "aiid Gen. Lee is a good man
for the place. The government never
did enforce the rights of its citizens in
foreign porte, as other governments do.
An American going to Cuba for any
purpose now will make a mistake. Tbe
insurgents ere half negroes and Spanish.
They get a living cheaply—can live on
yams and sugarcane—and the Spanish
can not whip them."
I*iagree Towns-ite Sold.
A relic of tbe Lloyd bank failure was
recently disposed of for a small percent­
age of the original debt. Oscar Seiler
held a judgment against John A. Alden,
now of New Haven. Conn., aud Clifford
C. Waters of California, for S0.G3S.37.
Among tbe property sold to satisfy the
debt was a tract of 20 acres lying west
of the Northern track, in the southwest
quarter of 27 143 do, adjoining the Pin
gree townsite and used as a cemetery at
one time, and an undivided two-thirds
interest in the northwest quarter of 34
143 65, which includes the townsite of
Pingree. All of this property was sold,
with the exception of about sixty lots,
which belong to other parties. The
propertv was bid in by Mr. Seiler for
Cascareta stimulate liver, kidneys and
bowles. Never sicken, weaken or gripe.
10 cents.
Soothing for burns, scalds, chapped
hands and lips. Healing for cuts and
sores. Instant relief for pilee, stops
pain at once. These are tbe virtues of
DeWitt's Witch Hazel Salve. D. Baldwin.

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