Bemidji Daily Pioneer Newspaper, November 4, 1910, Page 7

ey = Proposed Amendments —TO THE— Constitution Minnesota The Legislature General Session 1909. St. Paul, Minn, May 1, 1910. Hosm. Julius A. Schmahl, Secretary of State— Sir: As required by Section 25 of the Revised Laws as amended, 1 have the honor to furnish you herewith a state- ment of the purposes and effects of the respective amendments proposed to the Constitution of the State of Minnesota by the Legislature of 1909 and which are to be submitted to the electors In said state at the general election In 1010, FIRST PROPOSED AMEND- MENT. The first proposed amendment is con- tained in Chapter 508 of the Laws of “innesota for the year 1909. PURPOSE. By this amendment it is ~ought to authorize the payment by the State from the State Road and Bridge ¥und of ome-half of the cost of con- structing or improving any road or bridge therein, and is an amendment of Section 16 of Article 9 of the Con- stitution, which now reads as follows: “Section 16. For the purpose of lend- iug aid in the construction and im- provement of public highways and bridges, there is hereby created a fund to be known as the '‘state road and bridge fund,’ said fund shall include all moneys accruing from the income derived from investments in the in- iernal improvement land fund, or that :nay hereafter accrue to said fund, and shall also include all funds accruing to any state road and bridge fund, how- .iver provided. “The legislature is authorized to add o such fund, for the purpose of con- structing or improving roads and yrldges of this state, by providing in ts discretion, for an annual tax levy ipon the property of this state of not o exceed in any year one-fourth (l4) . one mill on all the taxable property vithin the state. PROVIDED, that no county shall re- celve in any year more than three (3) per cent or less than one-half (}2) of one 11) per cent of the total fund thus wrovided and expended during such vear; and provided further, that in no :ase shall more than one-third (%3) of ‘he cost of constructing or improving any road or bridge be paid by the state ‘rom such fund,” and to substitute therefor the following: “Section 16. For the purpose of lend- ng aid in the construction and im- provement of public highways and vridges, thers is hereby created a fund, to be known as the ‘state road and bridge fund,’ said fund shall include all moneys accruing from the income derived from Investments in the in- ternal improvement land fund, or that may hereafter accrue to said fund, and | shall also include all funds accruing to any state road and bridge fund, however provided. “The legislature is authorized to aad to such fund, for the purpose of con- structing or Improving roads and bridges of thls state, by providing, in its discretion, for an annual tax levy upon the property of this state of not to exceed in any year one-fourth (%) of one mill on all the taxable property within the state. PROVIDED, that no county shall re- ceive in any year more than three (3) per cent or less than one-half (%) of one (1) per cent of the total fund thus provided and expended during such year; and provided, further, that in no case shall more than one-half (%) of the cost of eonstructing or improving any road or bridge be paid by the state from such fund.” EFFECT. The present Constitutiom authorizes the payment by the State, out of such fund so ecreated of ONE- THIRD (1-3) of the cost of eonstructing or tmproving any road or bridge there- in, If this amendment is adopted the State could then pay ONE-HALI (%) of the cost of constructing any such romd or bridge, and the effect of the amend- ment is thus to increase the amounat which the State may lawfully pay te- ward such purpose. BEECOND PROPOSED AMENDMENT. The second proposed amendment fs eontained In Chapier 507 of the Lutws of Minnesota for the year 1909. PURPOSH. By this amendment 1t fa propozed te repeal the provisions ef Section 11 of Article IX of the Cum- stitution, which sectiom now reads ms follovist “Section IL There shall be published By the treasurer. in at least one news- paper printed at the seat of govern- ment, *du uary of each year, and In the mext volume of the acts of the legislature, detailed statements of all moneys drawn from the trzasury during the preceding year, for what purposes and to whom paid, and by what law au- thorized; and also of all moneys re- ceived, and by what authority and from whom.” EFFECT. The Constitution requires the treasurer to publish yearly a de- talled statement of the moneys drawn from the treasury during the preced- ing year, giving the names of the per- sons to whom paid and the purposes for which it was expended. It also re- quires a like statement of the names of the persons, and the sources, as to money received, and in both cases a statement of the law under which pay- ments were made, or money paid into the treasury. The effect of this Amendment, if the same be adopted, will be to repeal the section of the Constitution mentioned and insofar re- lieve the treasurer from such publica- tion. This change in the Constitution, however, would not prevent the legisla- ture from hereaiter directing by law that such, or a different publication, of the same or other information should be made by the Treasurer. THIRD PROPOSED AMEND- MENT. The third proposed amendment fis contained in Chapter 505 of the Laws of Minnesota for the year 1909. PURPOSE. By this amendment it is proposed to ndd an entirely new sec- tion to Article IX of the Constitution, to be known as Section 17, and which shall read as follows: “Section 17. The legislature may provide for the payment, by the State of Minnesota, of damages to growing crops by hail and wind, or either, and to provide a fund for that purpose, in- cluding the necessary expenses of giv- ing effect to this act. may impose a specific tax upon lands, the owners of which, at their opt.on, have listed the same with county auditors for that purpose, and no payment shall be made of any such damages except from the fund so provided.” EFFECT. The effect of this Amend- ment, if adopted, will be to authorize the State to become a trustee in the collection and disbursement of a fund for the payment of damares to grow- ing crops by hail or wiud, or either. This fund is to be created and main- tained by a specific tax imposed by the legislature upon the lands of such per- sons, ONLY, as shall voluntarily list the same with their respective county au- ditors for that purpose. Under it there could be no tax for such purpose im- | posed on the lands of any owmer who does not consent thereto. The legisla- ture is also authorized to include in such fund the necessary expenses of administration of the law. The adop- tion of the amendment will authorize the legislature to direct that the tax- ing machinery of the state be used to levy and collect the tax necessary to raise such fund and to provide for the disbursement of same by the officers of the State; but any payments to be | made by the State, by reason of dam- age by hall or wind will have to be | made from such fund and from mno other. In the settlement of any such damages the State would assume no lability beyond the amount of such fund, and could not further be ren- | dered liable. A wsimilar amendment was offered at the general election of 1908, but not adopted. The amendment then offered read as follows: “Section 17. The legislature may provide for the payment by the State of Minnesota of damages to growing crops by hail and wind, or either, and to provide a fund for that purpose, may impose a specific tax upon lands, the owners of which, at their option, have listed the same with county auditors | for that purpose, and no payment shall be made of any such damages except from the fund so provided.” The main difference between the amendment now offered, and the one last quoted, being that the legislature 18 now to be authorized, in addition to providing n fund for the purpose of paying damages to growing crops by same, to meet the necessary expenses incurred in the administration of the law and thus relieve the State there- from. This last provision was not in- cluded in the amendment offered in 1908. FOURTH PROPOSED AMENDMENT. The fourth proposed Amendment is eontained in Chapter 509, General Laws of Minnesota for the year 1909. PURPOSE. By this amendment It Is mought to repeal Section 28 of Article IV of the Constitution, which section mow reads as follows: “Section 23. The legislature shall provide by law for an enumeration of the inhabitants of this State in the year one thousand eight hundred and sixty-five, and every tenth year there- after. At their first session after each enumeration so made, and also at their first session after each enumeration made by the authority of the United States, the legislature shall have the power to prescribe the bounds of con gressional senatorial and revresenta- tive districts, and to apportion anew the senators and representatives among the several districts according to the provisions of section second of this article.” and to substitute therefor the follow. ing: “Section 23. The legislature shall provide by law for enumeration of the inhabitants of this State In the year 1916, and every ten (10) years there- after. At any session after any enu- meration of the inhabitants of this state made pursuant to law and also at any session after each enumeration made by the authority of the United Btates, the legislature shall have the power to prescribe the bounds of con- gressional, senatorial and representa- tive districts, or any of the same, and to apportion anew the senators and representatives among the several dis- tricts according to the provisions of section 2 of this article.” EFFECT. The effect of this Amend~ ment will be to direct the legislature to provide for a census of the inhab- ftants of the State in the year 1915, and every tenth year thereafter, and will also authorize the legislature to change the boundarles of congressional, senatorial and representative districts, or of any eme of such districts, and to apportion anew the senators and rep- resentatives among the several dis- tricts, at any session after any State or Federal census. If adopted, the legis- lature might therefore, 1f it deems best, change at any session the bound- aries of such districts and apportion mnew the senators and representatives and thus redistrict the State every two years. FIFTH PROPOSED AMEND- MINT. The fifth proposed amendment is con- tained in Chapter 510, Laws of Minne- seta for the year 1909. PURPOSE. By this amendment it ir during the first w.ek In Jam-. bail nnd wind, or either, to further ! provide an additional tax upon :be ilands of the persons so lisung the Sought to add am emtirely mew sectiom te Article IX of the Comstitution, to be known as Section 1S, and which shall read follows: “Section 18. To secure a sustained yleld of timber for the use of the peo- ple of this state, the proper officials shall annually levy and collect a tax of one-fifteenth of one mill on each dollar of taxable property within this state, the proceeds of which shall be used for the purchase’ of land better adapted for forestry purposes than for agriculture for.the state at not over $3.00 per acre, and for the production and maintenance thereon of forest ac- cording to forestry principles. “Unexpended balances shall not lap but constitute a fund for forestry pur- poses. . “The timber produced thereon shall be sold at a fair valuation and the re enue therefrom or from other source shall be paid into the state treasury, except that one-quarter of the net rev-. enue shall be paid to the towns, or if unorganized, to the county, in which the land is situated, in aid of publie schools and roads. “Should any tract acquired be found better adapted for any other purpose than the production’ of timber, it may be sold and the proceeds used for ac- quiring or developing forestry land. “Until otherwise directed by the leg- islature, which may supplement these provisions with necessary enactments, the state forestry board shall draw and disburse the money hereby provided and purchase, manage and control the lands and forests. “No money shall be pald for any tract until the attorney general shall certify to the validity of the title. “It shall be competent for two suc- cessive regular legislatures, by a two- thirds vote of each house, to repeal any | of these provisions.” EFFECT. This proposed amend- ment, and the proposed amendment hereafter mentioned should be read to- gether. They constitute the founda- tion for a plan of State reforestration. As the constitution stands today, while the legislature might pass laws pro- viding funds to be used for the pur- chase of lands, and the cultivation of the same for reforestration purposes, yet it is not directed to do mo. The effect then of this amendment is to COMPEL the taxing officers of the state to annually levy and collect a tax of one-fifteenth of one mill on 'h dollar of taxable property in the state, to be used as the legislature shall direct, for the purchase for the state of land adapted to forestry purposes, but at a wrice not to exceed $3 per acre. All unexpired balances in the fund at the end of each fiscal year shall not lapse, but shall be carried over into the fund thus raised for the succeeding year and shall be an addition thereto. It also directs the sale, at a fair valuation, of the timber produced on such land so purchased, the payment of three- fourths of the money received there- from into the state treasury, and-the payment of the remaining one-fourth to the town, if organized, or otherwise to the county in Which the land is sit- uated, and that the same shall there be credited to the public school funds. If after the land is purchased it fs found better adapted for any other pur- pose than the production of timber, authority is contained in this amend- ment to sell It, but the proceeds must be used for acquiring or developing forestry land. Until the legislature provides otherwise, all purchases shall be under the direction of the State Fo estry Board. The title to all lands purchased must be approved by the Attorney General before purchase ix | |republican lawyers, favors a non-partisan’ judiciary. Every voter made. It s further provided that two successive regular leginlatures shall have power by a two-thirds vote of each house to repeal any of the fore- going provisions. That Is to say, if after a trial, such plan for any reason in found to be impracticable or unde- sirable, and it xo appears to two suc- cessive legislatures, any or all of the foregoing provisions of the nmendment may be repealed. The legislature does not nmow possess such power and the same is a distinct change in the meth- ods heretofore in vogue In Minnesota, in the making and revising of the Con~ stitution. Heretofore am amendment might only be made to the Constitution or a provision of that Instrument elim- inated by direct vote of the electors. Under this amendment, if it be adopt- ed, that power is not taken away and also exists. repeal by the legislature, asx to this amendment, is created. Such power, | however, would extend te mo other pro- vision of the Constitutiom and affords an easy method of change in case of necessity or advisability. SIXTH PROPOSED AMEND- MENT. The sixth proposed amendment 1is econtained in Chapter 511, Laws of Min- mesota for the year 1909, PURPOSE. proposed to add an entirely mew mec- tion to Article IX of the Ceonstitution to be known as Section 17a, and which shall read as follows: ection 17a. Laws may be enacted exempting lands from taxation for, the purpose of encouraging and promoting the planting, cultivation and protec- | tlon of useful forest trees thereon.” EFFECT. The effect of this amend- ment is to authorize the legislature to enact laws exempting from taxatiom lands of private persons to be used im the planting, cultivation and protectiom of useful forest trees thereon, and thus supplement where the lands of such rivate persons are devoted to refor- stration, the purposes contemplated as to public lands by the fifth proposed amendment. The authority so granted is part of a general plan for the refor- estration of land within the state. If the legislature does not pass such laws, such lands will not be exempt and the power to repeal such a law, whea en- meted, remains with the legislature. Pewer to pass a law to exempt such lands from taxation the Ilegislature does not now possess, and it is, there- fewe, an ndditional grant of power. Yours respectfully, GEORGE T. SIMPSON, SR ERG R Attorney General -~ ¥ % e - ) 8t. Paul, May 1, 1910, Mr. Julius A. Schmahl, Becretary of State. Pear Sir:—Referring to_proposed Co stitutional Amendment No. 3 would sa; As state expert printer I have given the ublications involved in this proposed endment special though am of opinion both these publications are en- rely superfluous. The extensive annual ublication “in a daily newspaper pub- hed at the capital city” attracts ab- solutely no attention. ‘he annual re- ort of the state treasurer is published book form,” and to an extent that }nnkes it easy for every person special- y concerned to secure a copy. To cone form strictly with the law as it is at present, means the expenditure, under reasonably favorable printing contracts, of approximately $3,000, & sum whieh ocan be used to excellent advantage un= der conditions which ordinarily suggest the greratest care and economy upon the part of those under whose direction the printing fund is expended. Yours respactfully, J. 7. MANNIX, State Hxpert Printes But a new power, that of | | By this amendment it is { Frank A. Jackwo; Yon-Partisan Candidate for Judge of the District Court Strongly Endorsed ..oand... ordially Favored BY THE LAWYERS OF THIS DISTRICT Statement by Lawyers: To the Voters of the Fifteenth Judicial District: ‘We favor the election of JUDGE C: W. STANTON to succeed himself. has proved himself to be capable, fair and trustworthy. We deem it unwise to dis- place him for a new man. Qualifications only, and not political considerations. should guide the people in the selection of the judiciary. (Signers as follows:) ITASCA COUNTY. A l{}rnwfill.fll}emll}lfl. C. C. McCarthy, Grand Rapids, F: J. Russell, Bemidji. Fraak F. Price, Grand Rapids, Chax., W. Scrutchin, Bemidjl, C. L. Pratt, Grand Rapids. E. E. McDonald, Bemidji. M. W. Stark, Grand Rapids. John F. Gibbons, Bemidjl. J. D. Doran, Grand Rapids. Halph A. Stone, Grand Rapids, Henry Funkley, Bemldji. George H. Spear, Grand Rapids. A+ A. Andrews, Bemidji. Greer, Coleraine. F. S. Arnold, Bemidji. R. A. McQuat, Coleraine. Hiram A. Simons, Bemidji. E. H. Bither, Bovey. John L. Brown, Bemidji. C. B. Webster, Bovey. G. W, Campbell, Bemidjl. aur;’y Plll;.lney. Deer River. D :,l Fisk, Bemidji. V. B. Taylor, Deer River. shwaak. . Brows, Bemldji. John C. Lewis, Nashwauk. BELTRAMI COUNTY. CROW WING COUNTY. A. D, Polk, Brainerd. C. R. Middleton, Baudette. G. S. Swanson, Brainerd. M. Koefod, Baudette. J. H. Warner, Brainerd. Ibert Chilgren, Williams. Geo, E. Ericson, Spoone; Jay Henry Long, Brainerd. M. E. Ryamn, Brainerd. W. A. Fleming. Brainerd. T. C. Blewitt, Brainerd. He G. W. Holland, Brainerd. F. E. Ebner, Brainerd. ‘W. H. Mantor, Brainerd. A. T. Larson, Brainerd. S. F. Alderman, Brainerd. Graham M. Torrance, Bemidji. W. H. Crowell, Brainerd. Frank A. Lindberg, Crosby. CLEARWATER COUNTY. Wm. A. McGlennon, Bagley. Nils Hagen, Bagley. AITKIN COUNTY. F. W. Hall, Aitkin. HUBBARD COUNTY. P. V. Coppernoll, Park Rapids. W. W. Woolley, Park Raplds. U. G. Wray, Park Rapids. L. W. Bills, Park Rapids. F. A, Vanderpoel, Park Rapids. M. G. Wooley, Akeley. CASS COUNTY, * Dantel Delury, Walker. E. L. Rogers, Walker. . S. Seribner, Walker. Lo Hallum, Altkin, Chas. W. Ladu, Pine River. ‘E. L. Forbes, Pin 3 KOOCHICHING COUNTY. P{ T W. V. Kane, Int’l Falls. R. M. Funck, Cass Lake. Geo. S. Langland, Int’l Falls, L. M. Lange, Cass Lake. ¥Franz Jevne, Big Falls, J. E. Lundrigan, Cass Lake. ge?v.l Hs.k“v:lr::(h.lll\‘s;lll‘?adl-. glulu. Argall, Cass Lake. . M. n , In 'alls, rank Ives, g % Aad A. Toue, Northome. " Guns Lake, Frank Palmer, Int'l Falls. D. Chester McKusick, Bemidji. Loud, Bemidji. The bar of the Fifteenth Judicial District, made up largely of s.hould join in this movement to keep the office of judge out of poli- tics. Endorse Judge C. W. Stanton at the polls on Nov. 8th. Attorneys Bunn T. Wilson, Blackduck, Thos. E. Collins, Cass Lake, and A. R. Hol- man, Pequot, have also signed above statement. 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