The Bismarck Tribune Newspaper, February 19, 1925, Page 2

PAGE TWO HOUSE LIVENED BY FIGHT OVER, RULE ON BILL Measure Is Reconsidered Af- ter it Had Been Finally | Passed by Body | FOR APPROPRIATION Attempt to Remove Compul- sory Hail Insurance List- ing Is Defeated The House of Representatives was ief turbulent dispute yeste over the roll call on er Bill No. 37 the | smoke of battle hich appropriates $28,208.34 te loan made by Andrew Carne sed philanthropist, in © building of Carnegie H. al School, was de- 7, and the applied, pre- | the scene of a and when red clincher” venting reconsideration. The measure, which had pa the Sen provided for the taking | up of revenue warrants heid by the Home Trust Company of Hoboken, New Jers ecutor of the Carnc- wie estat he trust company had / sued the state but Judge Jansonius of district court held that the sta‘c! but not a legal obli- | ration to repay the sum of $35,000, with interest, advanced for the build ing of Carnegie Hall. The legislative | appropriation then was sought. | The first roll call en by R. W.! Frazier acting roll call clerk, show- | ed 57 to 47, Several members had! changed their vote, and Rep. Root of Dickey county had changed his vote from “aye” to “no”, belie’ e bill failed to command a major- _ for the purpose of reconsidera- A littJe later Frazier informed Larkin that an error had scovered, and the bill com- manded but 56 “aye” votes, one less than a majority. This was after Rep. Twichell had made a motion to re- consider the vote by which the bill passed and lay the motion on table—preventing reconsidera- ed was the tion, a Speaker Larkin ordered a verifica- on of the roll call. Mr. Twichell ted, declaring that business had ened and under the rules of the house the measure had been dis- posed of and could not be reconside ed. Rep, Burns inquired how he was counted, and when informed he was listed as voting “no” gaid he had voted Rep. Eckert said he had ch This left 57 votes, a bare majority, for the bill obj inter Speaker Larkin declared that he would put a motion for a verification of the rol call, Rep. Watt rose and declared he objected to any such i ne. and that it was not ac- cording to House rules, Rep. Twi heii aiso denied that thority of the speaker to take this action. Speaker Larkin then said he recog- nized their position, but in the inter- est of fairness asked that the House vote to reconsider, which the House did. On the verification of the roll! call, several corrections were found, members being listed as absent when they voted or listed as voting wrong- ly, and the final result was that the hill passed. Wearied by this tim the House agreed without muen di sent to the “clincher” motion, The bill now will go to the Governor. At the conclusion Speaker Larkin de- clared “this ought to show we are not trying to slip anything over— just to be fair.” The House passed, 98 to 15, a re- solution addressed “to the people of North Dakota and to the parents in particular,” setting out that crime has increased because material things have been emphasized more than spiritual things, enjoining em- phasis on “morality and good con- science, respect for age and exper- ience” in the schools, and teaching of spiritual subjects. Some members objected on the ground that it was an attempt to in- ject religion in the public schools. Resolution To Congress Another resolution, which passed, asked that Congress speed up agri- cultural relief legislation, declared for the principles of the protective tariff, but said that the tariff as it operates now does not give to agri- culture the same protection it does to other businesses, and asked that the disparity be removed. The mea- sure also urged Congress to devise means of segregating the exportable surplus of farm products, or make it possible for farmers to segregate it, so that this’ surplus shall not de- press farm products prices to an un- warranted degree. The measure passed 110 to 0. Still another reso- lution urged the Interstate Commerce Commission to order railroads to} give return transportation to the shipper of one or more carloads of livestock. Hail Bill Killed House Bill No. 209, providing for repeal of the compulsory listing of lands for hail insurance by assessors, was killed after debate in the Hou: The first vote was a roll call on the report of the minority of the insur-! ance committee for passage of the} ill, which report lost, 49 to- 62, with ‘two absent. The bill then was in- definitely postponed. - _ Rep. Hoople chairman of the insur- ‘ance committee, speaking: against the measure, declared that if compulsory ‘listi of, lands for hail insurance | ‘was done away with, the hail in- ‘surance department: would .be killed. | Rep. Peters, arguing for the bill,' said that many farmers had’ com- | ple | throughout the state, \ tivities of some of these who \e jof in which insurance might be taken out, to August 20, each year. Rep. Vogel, opposing the bill, de- clared that the state had a voluntary ail listing law and the law failed to work satisfactorily. Lean Association Squabble Another brush ne over House Bill No, 201, providing for regula tion of building and loans associa- tions, restricting the amount of the! administrative expense, and limiting operations to the county of organi- zation and contiguous counties. The | bill was killed. Rep. Twichell led the assault, he being a member of the majority of | the committee on corporation other | than municipal, which recommended the bill for indefinite postponement. He declared the measure would put} most of the building ociations, which h said | ad done fine work in helping peo- | to build their own homes | Rep. Vogel, speaking for the min- report, that the bill go to the banking committee, id he had asked several local building and loan O- | ciation officers if the measure would hurt them, and he had been informed it would not. It was big building and loan organizations, operating for profit, that objected, he said. He aid the measure would curb the ac- send salesmen all over the state. There no debate when the House indefinitely postponed two measures of Representative Miller, Communist, Williams county, provid- | for compulsory deposit of pub- lie funds in the Bank of North D: nd directing the state to e in banking by having the Bank orth Dakota to ablish branch banks. There was scattering of when the bill was killed on vote on recommendation of the banking committee. House Bill No. 71, providing an ad-j itional one cent tax on gasoline for) good roads purposes, was reported in again by the state affairs commit- tee and went into general orders. House Bill No. 193, amending the specifi ions for oil and gasoline, and declared by the authors to be}! intended to better enable independent producers to compete with the Stan- dard Oil Company, went on the’ cal- endar on a report of the state affairs committee, One New Bill The only new bill of the day was introduced by Rep. Andrew Erickson. It would repeal the present law un- der which a state transportation of- ficer transports prisoners to the state penitentiary and training school, and give this duty to the sheriff; also the duty of transport-j ‘ing prisoners to the state hospital;next year. for the insane at Jamestown. H. B. 152—-Amending the hour a day limit for women employ- ees was killed 48 to 64. Rep. Swett | petitionéd the board, the board would | Dist. Court Judges 135,100 declared the only change in the mea- sure was to give the workmen’s com- pensation commission power to de- ‘lare telephone exchanges in small villages exempt from provisions of the act. However, Rep. Twichell, comparing the old and new proposed j “ Z law, discovered that the Swett bill|Vide any way to abolish the free text! public Instruction completely eliminated about a dozen specific emergency cases when wom- ‘en could be employed more that the prescribed time, He had no objec- |tion to the small village telephone exchange benefit but he wouldn't stand for repeal of the specific emer- Vgency exceptions as d by the Hast legislature. The bill was killed 46 to 64. Rep. Swett, changed his | vote from aye to no, later, for the ipurpose of later moving for recon- | sideration. | H. B. 143—Fixing penalty for night \time robbery of poultry yards ut six months to 5 years; H. B. 262, per- mitting disputes on irregular tax sales may be taken into courts and court orders on tax levies govern; H. B. 263, clarifying statute provid- ing for re-sale of taxes omitted from delinquent tax sales; H. B. 181, removing necessity of filing notice of probate with county administrator, were passed unanimously without de- bate. ROAD PROJECT CHANGES MADE PROBE SUBJECT (Continueg from page 1) as to yardage taken from the pits but as to where the material was placed. “You got information from people living near there and did not use the statements of Gavin and Thorberg?” “Not entirely—I could see where some dirt was placed.” On questioning, he said the ori- ginal contract was for four to six inches of clay surfacing, but that during the long period of non-settle- ment it had to be replaced. “But the contract provided that the contractor should keep the road up until the contract was completed?” Mr. Graham said. “No, I won't say this did.” Mr. Graham read parts of the con- tract requiring the contractor to keep the road in repair until it was finally accepted. “In measuring up the pits you gave Twichell the ‘full amount of clay taken from the pits?” “Yes.” “And you did this, knowing that much of it was used for mainten- ance?” “Not knowing that any was—no deductions were made.” Used For Maintenance » Mr. Graham tried to show that. un- der the contract, the Highway Com- mission should have deducted for material uséd in maintenance. Mr. Black declared that the usual rules did not apply to the job, He said the old Highway Commission never made an agreement as to the amount of clay covering. “Did they not .provide, between four and six inches?” asked Graham. Mr. Black repeated that little work was ‘done after’ he came into office. Asked if he believed he checked the report on his visit to the job in one day ‘better than’ the enginee: Mr. Black said he ‘believed he did. . “Was ‘there any. reason for the e1 plained of the “nuisance” of having fo: withdraw their lands from hail _ 4nsurance, The majority of th Jarmers withdrew last year, he said,/ ‘arguing that the: law ought, te | i Ape. has [RR oa gineers making a wrong report?” he was asked.» . “Yes, they were not on the job during the. work, which was started: jon, a ise iy mistakes. and Attorney General Holds Action of | (Continued from page one) !necessary in order to dispense with | jsuch system. 1 presume, |that you desire to know whether or not the board of education can dis- | jpense with the free text book system | without being petitioned so to do by | two-thirds of the voters of the) school district. i “In this connection, your attention is respectfully directed to Chapter 281 of the Laws of 1923, which | [amends Section 1398 of the Compile s for 1913, Chapter 281 of the Laws of 1923 is in part as follows “«Whenever in the judgment of | the board it is desirable or neces- | sary to the welfare of the schools | in the district or to provide for | the children therein better school privileges, or whenever petitioned | so to do by two-thirds of the vot- ers of the district, the board shall vide free text books and sup- | plies for all schools under its | charge, in such manner as herein- | before provided.” * *“Any school | board in this state that has adopt- | ed the free text book system as hereinbefore provided, must dis- | pense with the free text book sys- | tem if petitioned so to do by two- | thirds of the voters of such dis- | trict, provided, however, that after | the free text book system is adopt- | ed, no petition to dispense with the aid text book system shall be act- | ed upon by the board of education | within a period of four years af- | ter the free text book system has been adopted under the provisions of this section; and after the free | text book system has been dispens- | ed with, the free text book system cannot be installed until the ex- piration of four years.’ “Your letter does not give the time | that the free text book system has| been in operation in the particular} district. For the purpose of this opinion, I am taking it for granted that it has been in operation for a period of four years, and now, at the end of the four year period, the | question arises whether or not the/ board can dispense with the free text book system without being pet- itioned so to do by two-thirds of the voters of the district. Quotes the Law “Chapter 281 of the Laws of 1923 was, no doubt, passed in order to remedy the undesirable features of | the old law, namely section 1398 of the Compiled Laws for 1913. Under the old law, if the board itself, with- out being petitioned so to do, adopt- ed the free text book system, it lcould dispense with such system the; In other words, in the petition, the board jabsence of a eight |could change the system every year.'Sup, Court reporter \If, however, two-thirds of the voters jhave to adopt the free text book system. Subsequently, if later on, two-thirds of the voters of the dis trict wished to abolish the free tex book system, there was no way that the board could be compelled to change. Section 1398 did not pro-; book system, if such system had} Ibeen adopted by the board because | jot a petition presented to it signed } jby two-thirds of the voters of the} district. “In the case before us, the board f education adopted free text books | iby resolution. If that is the case, | lit is my opinion that the board | would have the right to dispense with the free text book system, even; though it was not petitioned so to do by two-thirds of the voters of the district. It is a general rule of | law that if a board has the right! to institute or adopt a certain plan or system, it aJso has the right to dispense with such plan or system. “The question now, no doubt, arises whether or not the voters can compel the board*to adopt the free text book system, in case the board just recently abolished such system, and the term of four years without free text books has not as yet ex- pired. “In construing a statute, the leg- islative intent should be ascertained. “A statute is not to be construed so literally as to balk the legislative purpose.” Re Union Elev. R. Co., L. R. A. 359. “In’ construing a statute its literal language gives way to the intention of the legis- lature.” Wilson v. Kryger, 26 N. D. 77. “A statute is to. be interpreted according to its truejintent and pur- pose, and its strict letter must be made to yield to the obvious intent.” Plummer vy. Yost, 19 L. R. A. 110, Can Restore Free Books “After careful consideration, it is my opinion that even though the four year term without free text books hzs not as yet expired, if the board is petitioned by two-thirds of the voters of the district, the board must adopt the free text book sys- tem. As-I view it, the legislature never intended that an action of the board would prevent the people from obtaining their wishes for a period of four years. On the other hand, if the board had, without petition, adopted the free text book system, I do not believe that the legislature intended ‘that the people could not abolish free text books until the term of four: years with free text books had expired. “If, however, free text books have been adopted by petition, free text | books must be furnished for a period | of four years. If two-thirds of the‘ voters of the district then desire to| do so by petitioning to that effect, If the free text book system has Getting Too Fat? Try This = Reduce People who don’t grow too fat are the fortunate exception. But jf you find the fat accumulating or already ‘cumberstone, you will be wise to fol- low this suggestion; which is endor- sed by thousands of people who) kvow. Ask yéur druggist for Mar- mola Preseription “Tablets snd fol- | low ‘direction: Oné dollar is the price the world over. Get them from your’ éwn: druggist of ‘send price di- rect to Marmola Co., Bldg., Detroit, Mich. you will ‘be General Motors By doing this | thool Boad Legally | however, | ¥ |the coming two THE BISMARCK TRIBUNE been abolished by petition, there can be no further change within a per- iod of four years. It appears to me that it was the intention of the leg- islature that the free text book prob- lem should be decided by the people themselves, subject, however, to the right to change only after the four ur period has expired. It is my opinion that this construction is reasonable d just. It is the vot- ers and taxpayers of the district that bear the burden, and I believe that it was the intention of the leg- islature that the voters and taxpay- ers should control school affairs to free text books should be furnished. “I trust that this letter answers your question, “Ver: “Assistant Attorney General.” STATE BUDGET ITEMS ARE CUT IN COMMITTEE -(Continued from page one.) commended respect! the passage of the cigarette licen: bills, for the administering of var- ious features of the new law. A new appropriation of $2,500 to further the Great Lakes-St. Lawrence Waterway project is recommended by the committee for the governors’ of- fi ‘urther amendments in the bill are| 13 ment for this likely before it passes. The appropriation for the state guaranty fund commission which was $18,800 fer the last biennium is rec- commended for a boost to $49,800 for rs. alAZ.her minor in- id decreases. Some Objections Some of the Nonpartisan League members of the appropriations com- mittee voted against the amounts set for several of the departments. It is likely however that they will make their objections on the floor of the senate rather than turn in a minor- ity report on the bill. There will probably be several further amend- ments offered to the measure before it passes the senate, and it will have a stormy session through the house The are se creas ‘it is expected, since a number of the items are likely to be attacked by the Nonpartisan majority there. The changes proposed are: 7 : 5 3 z g 1925 and 1926 Appropriation Department x 1923 and 1924 s s Executive office Lt. Governor Supreme court .... 3,700 $ 2,000 2,000 79,500 - 75,800 and law librarian 5,850 5,400 135,100 40,380 32,400 Sec. of state . Public Printing . Auditor ...... [Treasurer . Ins, Department Fire Marshall Attorney General 40,980 25,100 41,700 45,680 30,100 21,200 90,600 45,200 44,540 19,700 87,600 58,500 State Aid and E: amination Agr. and Labor . Dairy Division Board, Railroad Commissioners . Land Commissioner State Examiner ... Tax Commissioner Board, Administra- 654,000 33,600 36,840 37,100 35,000 98,600 46,420 131,230 68,480 153,080 59,420 77,000 75, ‘ 6,750 Guaranty Commission Library sion : Adjutant General . Returned Soldiers Fund State Printer . State Engineer Industrial: Commis- 49,800 20,840 15,350 19,740 15,990 15,270 8,990 24,500 14,770 9,040 24,500 12,840 Mrs. Joe Groth “I took Dr. Pigrce’s Favorite Pre- scription for feminine trouble and I cannot ‘praise it too highly for the benefit I received. It was the only thing I found to relieve me of all the aches and pains that go with such complaint. I have also taken Dr. Pierce’s Pleasant Pellets. The Pellets’ dire a mild laxative and just about perfect as a regulator of the stomadh, liver and bowels.”—Mitss abolish free text books, they may |Joe Groth, 119 -Copeland Ave. Laj Crosse, Wis. Do you know that many women suffer needlessly? What Dr. Pierce's Favorite Prescription has done: for others it will. do for you. Get it this very day from your neighbor- hood druggist, in tablets or liquid: Write Dr. Pierce’s Invalids’ Hotel, in Buffalo, N. Y., for free medical advice. Send Dr. Pierce 10e for a trial pkg. of any of his medicines.— av. ; geen URSA STOR A GE —————————— ible’ to’ redtice: steadi:y and easily and pleasantly, without’ ation diet” tart taking them today and get-slen— 39,300 'the extent of saying whether or not | y by reason of}, 29,000 : 699,800 } 97,100 | 40,570; Returns From’ Supt. J. ity schools r wo-day ses: trol of the North Dakota High School gue, of which he he meeting president, retary, Lake and G working on ithe constitution of the League which to be pres for approval Board etball tow: bimitt with one excep offi in qu for one of the ing in that pi The of tourname March 6 and 7, chairman of th tee desiring to should send to ment of ga cpponent, other pertinent 25. Grafton, N. all kinds levied in Walsh county in; 1924 totaled $ 18,800 | ¥, n to B. C. Tighe of Fargo, and L, A. White of Minot, $ attended: by Superin- ndents Nelson Sauvain of, Devils W. Hanna of Valley City. The five comprise a committee which meeting in Grand Forks next May. Other matters to come before the of Control concerned with the district and state ie ous distri number of games during the ch was adjudged to be suffi on to disqualify him from work- als for the third district t, to be held in Bis of the Dickinson Nermal and either Upshaw Each high sc enter TAXES CUT IN WALSH eee MEE rerio eo ree Ore with $848,157 in 1923, as compilation shows. A decrease was shown in every class except state taxes, which totaled $148,655 in 1924, as compared with $133,512 in 19 Board Session Gould of the "Mandan returned Sunday from a ion of the board of con- ORDER STAR AWAY Paris, Feb, 19-—Mlle, Carnine, diminutive star of “Les Voix de Joies,” was ordered from the floor of a Paris dance hall when she at- tenipted to do a portion of her act off the stage. “Do you know who I am?” she fumed at the proprietor of the hall. “Yes,” he replied, “you are the worst dancer in France, Get out!” is vice-president. was held in Fargo, and a complete revision of Bradford, the center of ‘a great woolen trade, claims to produce nore millionaires in proportion to her population than any other city in England. To Make Rich | SAY Red Blood Revitalize your worn-out ex- hausted nerves increase your strength and endurance | take Organic Iron;'not metallic iron which pete ‘usually take, but pure organic iron— uxated Iron—which is like theron in your bioof and like the iron in spinach, lentils and apples. One dose of Nuxated Iron is estimated tobeapproximatelyequivalent(inorganiciron content) to eating one-half quart of spinach, ‘one quart of green vegetables or half a dozen apples, It is like taking extractof beef instead ofeating pounds of meat. Nuxated Iron is par- jed and ready for almost imme- ented to the members at the annual spring were principally rnaments. All the of- ed by the managers of ts were approved, In this case the had referred a ption. estion ¢ teams in the d articular tournament. marck Pain , will be Coach Braden or Gene McFarland of H. O. 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