The Bismarck Tribune Newspaper, October 5, 1932, Page 13

= cre nae LEGISLATIVE FIGHT TORETAIN CAPITAL KEPT CITY ON EDGE Measure Providing For New Structure Had Stormy Pass- age Through House Never in the history of Bismarck has there been so large a vote cast at an election or so much interest in its outcome as was the case last March when the question of removing the capital from Bismarck to Jamestown Was put to a vote. The issue was raised by a group of Jamestown persons before the ashes of the old capitol building had ceased to smoke. It spread through Jamestown like wildfire. The cooler heads in the Stutsman county metropolis at first ignored it and then were unable to do anything about it. What appeared at first to be a wild dream later took the touch of reality as enough tures to an initiative petition obtained to bring the matter before the electorate. The manner in which these signa- tures were gotten showed both enthu- siasm and enterprise on the part of the capital removal enthusiasts. Going out from Jamestown in crews, they canvassed nearby towns first and later descended on Fargo where they claimed to have obtained 3,000 signa- tures. Encouraged by this success they widened the scope of their efforts to points as far distant as Grand Forks, ignoring the western part of the state which subsequently was to be classi- fied by them as a howling wilderness. With the legislature in session, Jamestown enthusiasts descended upon Bismarck and filed their petitions in the secretary of state's office, at the same time exerting what pressure they | could to develop enthusiasm among the state's lawmakers. Met Small Success In this they met with little suc- cess, only the small bloc of votes from Stutsman county showing any enthu- | siasm for the project. During the circulation of the peti- tions, Bismarck took no steps to halt the movement other than to point out to the people of the state that it was obviously unfair. A committee was appointed through the medium of the Association of Commerce and kept anxious watch upon developments. Meanwhile legislative leaders be- gan discussing legislation to provide | for the construction of a new capitol building. At this time some political jealousy became apparent, Bismarck seeking to keep political partisanship out of the situation and some other persons attempting to inject it to their own advantage. One of the first suggestions was to indicate the un-partisan nature of the bill by having a group of political leaders, both Nonpartisan and I. V. A., join in sponsoring it. ment-had been tentatively made when it was suddenly upset and it finally was introduced in the house by the state affairs committee, headed by L. L. Twichell, I. V. A. leader from Fargo. It was reported at the time that ‘Twichell had vetoed the joint-sponsor- ship arrangement. As written and introduced, the bill contained two controversial points. | The first was a specific location of the capitol at Bismarck. Jamestown objected to this on the ground that the matter of capitol location was then in issue and that the bill should provide for locating the capital at such place as the people might decide. Its adherents were unsuccessful in this effort, however, and the language in this section of the measure was unchanged. Clause Caused Battle The second point at issue was the emergency clause, attached to the bill as written but needing a two-thirds vote in each house to carry. If it got Jess than the necessary two thirds vote the emergency clause would lose. Before the 1931 legislative session Stutsman county had sent a solid The arrange- | Removal Proposal Is Passed By Legislature But Vetoed By Governor | (Editor's Note: This is the fifth of @ series of articles dealing with North Dakota history, recalled by the construction of the new state capitol building and the corner- stone laying, set for Saturday. (By The Associated Press) If Dakota’s dissensions really had been over when the capital w2s locat- ed at Bismarck and the cornerstone of the new building laid in the pres- ence of the Villard railroad party, the — of territorial days might have ended on a “lived-happily-ever-after” note, But the Bismarck correspondent of the Jamestown Capital wrote his pa- per at the openirig of the legislative session of 1885, “matters look serious here and no mistake. It is no light breeze of legislative humor or a zephyr of discontent from the cow pastures of the south. It is the stern edict of the people south of the 46th parallel that the crime of stealing the capital of Dakota must be avenged and to that end will a solid southern majority vote.” The strongest lobby in history was said to be at work but in spite of it a bill was introduced to re- move the capital to some southern city at first undesignated and then to iPerre. Charges of bribery were made jagainst the southerners, even on the floor of the house; names were named and honor impugned. The northerners declared that money had changed hands and they could prove it, to which their opponents retorted that sauce for the goose was sauce for the gander. The capital removal bill passed both houses and the capital | Wheels were greased again. Pierre Lots Sold Fast Town lots in Pierre sold well before Governor Gilbert A. Pierce vetoed the bill. His message said: “If there are questions of equity involved in this measure, I will not now discuss them. If there is some- thing like retributive justice in this measure, growing out of past wrongs, real or fancied, I do not here and now consider it. I pasa by the question of expense and taxation in constructing @ new building at Pierre. I pass by the fact that a $200,000 property now belonging to the territory is donated by this act to private individuals. I pass by all allegations of impropriety and charges of corruption, to come to |T, V. A. delegation to the legislature ‘but that year there were two Non- | partisans in the group. These pleaded with their fellows in the house for support to their stand. Other politi- cal influences, some of them located ‘in Bismarck, operated to block the emergency clause in the house and | when the bill came up for passage the lemergency clause was lost. The bill | itself passed by a narrow majority. | In the senate, the emergency clause | was promptly restored to the measure and it was passed with an overwhelm- jing majority. ‘When it was brought up again in ithe house @ different situation pre- |vailed. The politicians who had helped block passage of the emer- |gency clause were in fear of ex- posure and ceasgd their efforts. Many | who had votefl against the bill be- |cause they did not want the emer- gency clause attached had heard from |their friends back home in no uncer- tain manner. |, Both Political factions had come to \the conclusion that the bill was one |of real interest to the people of North |Daxota and that they were playing | with political dynamite by opposing it. As a result it passed by an over- | whelming majority when the amended bill was brought to a vote in the house and the emergency clause was retained. Bismarck had won the first round in the battle to save the capital, primarily because it attempted no po- litical strategy and placed its sole reliance in the justice of its cause. The Touch That Fulfills the Contract ‘HE old-fashioned “bridge” lamp got its name, not because it furnished good light for bridge, but on account of its bridge-like construction. It w: ll right for reading if one sat under it, but if four people tried to play bridge with nothing but a bridge lamp to fur- nish light, at least two of them iere sure to face @ glare and have trouble in seeing their cards, Away with the old bridge lamp, or set it over there in the corner beside the easy chair, where it will be use- ful; but for bridge, turn on the new indirect portable lamp, which throws its rays upward, filling a large part of the room with soft comfortable light that will bring new pleasure into the game. One indirect portable lamp will furnish good light for two tables of bridge. It is the lamp that fulfills its lighting contract, and does away with glare. Its effect is wonderfully Pleasant. Ask your electrical or furniture dealer to show you or call our office for a free demonstration. e NORTH DAKOTA POWER & LIGHT COMPANY Bismarck - Mandan - Dickinson the one consideration, ‘is this measure legal?” He concluded that he believed it unconstitutional to remove the capital from Bismarck because of the terri- Ey contract with the people of that city. The house discharged its investigat- ing committee but refused to expunge the matter from the records, The council was willing to clean the slate. Complicating affairs at that ses- sion was @ woman's suffrage bill which passed both houses and drew the governor's veto, his reasons being that so radical a Step might jeopardize the territory’s chance of admission to @ group of states which did not have suffrage. The bill did not permit women to hold office and that, too, was held to be an objection. Men who voted for women’s rights appear- ed next day resplendent in bouquets but the others were in turn decorated by the “antis,” not only with flowers but with badges which read, “with the compliments of the ladies to whom the duties of a good wife and mother and home are dearer than Politics.” Session of '87 Quiet The session of ’87 was comparative- ly quiet but in ’89, with statehood imminent and the necessity for ar- ranging a constitutional convention that summer, politics seethed again. Prominent members of the legislature included Roger Allin of Grafton, later governor; Alexander Hughes of the capital commission; Smith Stimmel, Fargo, president of the council; George H. Walsh of Grand Forks; 8S. L. Glaspell of Jamestown, and Asle J. Gronna of Lakota. H. M. Keith was speaker of the house. The. burning question was where the constitutional convention should be held. Several different bills per- mitting the states to organize and join the union were pending in con- gress and no one was sure in just what form the order would be issued. That it would be forthcoming that year was assured. The first Dakota bill provided the convention be held at Fargo; then Grafton entered the lists, with Pembina and Bismarck al- so interested. Finally it was decided that 114 delegates would meet at Grafton March 5 if the enabling act had not been passed before that. But it went through Feb. 22, 1889, provid- ing for 75 delegates chosen from 25 districts to meet at Bismarck July 4. ‘The southern section was to convene at Yankton. ‘When the convention came to or- der in Bismarck on Dakota's most memorable independence day, greet- ings were exchanged with the south- erners at Yankton and with the con- ventions of Montana and Washing- ton, all meeting at the same tizne for the same purpose. There was a mammoth parade, which included troops and bands from Fort Lincoln and Fort Yates, veterans from Bis- marck, Mandan, and Steele; militia from Jamestown and Bismarck, the Valley City band, and members of the Northern Dakota Press associa- tion, just organized; girls on horse- back representing the 38 states and the four new ones; delegates to the convention, firemen, the governor's guard, and the resplendent Sicux from Standing Rock. Speeches, ball games, and fireworks made up the getting down to business next morn- ing. Jamestown Men Named FP. B. Fancher, Jamestown, repre- gala celebration with the convention Seeks Senate Post Roy Harrop (above) of Council Bluffs, (a. was nominated by the farmer-labor party of lowa as it candidate for the United States ate. (Associated Press Photo) senting an influential rural organi- zation, the Farmers’ Alliance, was president and E. W. Camp. also of Jamestown, was chairman of the im- portant committee which divided the territorial property. The oldest dele- gate present was 65, the youngest 27. Many nationalities and many states were represented. They had an arduous task but completed it Aug. 17. The constitu- tion was adopted by the people Oct. 1, the liquor prohibition clause hav- ing been submitted separately. The capital issue came up again when an effort was made to throw open the whole matter of institutional Placing and to remove the seat of government to Jamestown but that came to naught, largely because the Jamestown delegates refused to have anything to do with it. On Nov. 2, at 20 minutes of 4 in the afternoon, Secretary James G. Blaine telegraphed to Dakota that the president had signed the proclama- tion admitting the twin states, North and South Dakota. The Fargo Re- publican claimed to be the first pa- per printed in the new state to an- nounce the signing, getting on the Ate that day at 10 minutes past The Bismarck Tribune wrote, apro- Pos of the capital situation, “Justice is slow but surefooted. The history of the capital has been six years of suspense; our citizens have carried !a big load; now it is all over.” The paper might have said that the game started at Yankton in ’61 when a squad of soldiers had helped to locate it first and, had they been able to look ahead, that two more attempts would be made to remove it. OLDEST REPUBLIC eastern slope of the Apennines, about 40 miles southeast of Ravenna, Italy, is regarded as the oldest republic in San Marino, a tiny country on the! THE BISMARCK. TRIBUNE. WEDNESDAY, OCTOBER 5, 1932 Capital Location Had Not Ended Trouble in Dakota GOVERNOR'S ORDER CAUSED REMOVAL OR TERRITORY CAPITAL Proclamation Issued in Novem- ber 1883 Required Trans- fer in 30 Days Although the maneuvers which changed the territorial capital from Yankton to Bismarck have been much discussed, the legal method by which the removal was accomplished is nat generally known. It was by executive order of Terri- torial Governor Gilbert A. Pierce, is- sued November 19, 1883 at Yankton and contained in the following proc- lamation that the transfer was ac- complished. | PROCLAMATION! WHEREAS, Section 12 of the act ap- Proved March 8th, 1883, providing “for the location of the seat of gov- erment and for the erection of pub- lic buildings thereat,” prescribes the duty of the Governor in words following to wit: “As soon as the capital building pro- vided for in this act is erected and completed it shall be the duty of said commissioners to report such facts to the Governor, who shal) thereupon issue his proclamation setting forth the action of the com- missioners and declaring said build- ing ready for occupancy; and it shall then be the duty of all the territorial officers whose offices are properly kept at the capital, to re- move within thirty (30) days there- after their several offices, togethe: with the public property, archives, records, books and papers to the building and place so declared ready for occupancy, and all sessions of the legislature shall thereafter be convened in the said place,” and WHEREAS, the notification as pre- scribed in said section has been duly received at this office as fol- lows: November 13, 1884. November 13, 1884. “To ‘His Excellency Gilbert A. Pierce, Governor of the Terri- tory of Dakota, Sir: You are hereby notified that in ‘accordance with an act of the legislature of the Territory of Dakota, approved March 8, 1883, and entitled ‘An act to provide for the location of the Territory of Dakota and for the erection of public buildings thereat’ the com- missioners therein named did on the second day of June A. D. 1883 select the site for the capitol as contemplated in section 4 of said act which site is located in the city of Bismarck in the county of Burleigh; that land and money were donated as provided in said act and that from the proceeds of that part of said land which has been sold and the money so do- nated the building contemplated herein has been erected and ; completed. 1 By order of the commissioners, (Signed) Alexander Hughes. President.” | Attest: B. F. Spalding, Secretary.” |NOW, THEREFORE, I, Gilbert A. the world. The Pioneer Bank” BISMARCK, NORTH DAKOTA Established 1879 Pierce, Governor of said Territory, FIRST NATIONAL BANK When the cornerstone of the old Capitol was laid in September, 1883, this Bank was do- ing business in a wooden building on part of the site of the present French & Welch Hard- ware Store. In the spring of 1884 the new three-story, mansard roof, brick building on the corner of Fourth and Main was occupied. ; August 8th, 1898, this structure burned and until the new building could be ready for occupancy business was conducted in the west side of the present Gamble Stores room. About December 1st the Bank moved back to. the newly constructed quarters on the corner of Fourth and Main and these were occupied un- til remodeled and doubled in size in the sum- mer of 1918. While this work was going on the banking business was carried on in one of the present Webb Brothers store rooms, which had just been vacated by the Postoffice for re- moval into the present Federal Building. In 1928 additional space was required to handle the business which had grown steadily in vol- ume, and the banking quarters were materially enlarged. Against this distinguished background of service of over half a century the First Na- tional Bank offers today to the citizens of Bis- marck and the Missouri Slope Country all the facilities and conveniences of a modern bank- ing institution. in obedience to the requirements of said act do declare said capitol building ready for occupancy and do hereby enjoin you, all persons notice thereof and govern them- selves accordingly. Done at Bismarck, Dakota Terri- tory, this nineteenth (19) day of No- vember in the year of our Lord One Thousand Eight Hundred and Eighty- four. By the Governor, Gilbert A. Pistye. James H. Teller, Secretary of Dakota Territory. LOST CONTINENT Calcutta, India—Another lost con- tinent which, like the fabled Atlantis, is thought to have disappeared un- der the sea is the object of a search to be started from here by Col. Sey- mour Sewell, of the Indian Museum. The continent, classed by some geolo- gists as “Lemuria,” is supposed to have existed in what is now the In- dian ocean. The expedition will start next year. DREAM COMES TRUE Ipswich, Mass.—The dream of a passenger in the car Philip Feldman was driving came true—too true. He was dreaming that he and Feldman were in a bad auto crash. The dream was so realistic that, on awakening he grabbed the wheel from the driv- er, wrenched it to one side, and roll- ed the car off the road. Both oc- cupants were cut and bruised. SPLIT ANOTHER ATOM Berlin—Drs. Fritz Lange and Arno Brasch must be on the track of re- leased atomic energy for, in the past six months, the two scientists have succeeded in splitting two atoms. The first experiment consisted of whom it may concern, to take duc) | splitting helum atoms. Now the savants have succeeded in splitting an atom of lead, receiving there- from about seven times the energy required to split it. NOTICE OF PUBLIC HEARING The Workmen's Compensation Bu- dations of the Public Housekepini Conference convened at the call oi the Bureau on the 13th day of Sep- tember, 1932, hereby gives notico that a public hearing will be held at the offices of the Workmen's Compensa- tion Bureau in the City of Bismarck on the 17th day of October, 1932, at 10:00 o'clock A. M. of said day, at which time any person interested may appear in favor of or in opposition to the recommendations of said con- ference. The recommended changes in M. W. D, No. 1 are as follows, to- wits Recommendation No. 1 No employer shall employ any wo- man as waltress or counter girl in any public housekeeping establish- ment in the State of North Dakota at a weekly wage of less than $13.41 per |week, or at a weekly wage of less |than $8.16 where board (21 meals per week) ix furnished. Recommendation No. 2 Schedule of apprentices’ covering waitresses and counter girls shall be stricken from the ‘d Recommen 3 No employer sh: y any wo- man as chambermaid or kitchen help in any public housekeeping establish- ment in the State of North Dakota at a weekly wage of less than $12.78 per week, or at a weekly wage of less than $7.53 where board (21 meals per week) is furnished. Recommendation No. 4 Where room is also furnished any female employee in the public house- keeping occupation in addition to the rash Wage not more than $2.00 per week may be deducted from the cash wage for such room. Recommendation No. 5 Schedule of apprentices covering chambermaids and kitchen help shall be stricken from the ordi Recommendatio1 Every woman employ cupation, whether regularly or on part time, shall be paid one forty- 6 this oc- Phone 496 coat carries our As Low As STATE FUR COMPANY Opposite G. P. Hotel on Fourth St. as follows: IN LOAD LOTS reau, having approved the recommen- | ¢ Fine Furs Beginning Today and Ending October 25th It’s a history-making sale, with every coat meeting our exacting requirements in peltry workmanship, fashion and detail, and every You Will Save as Much as 20% on Any Coat Purchased From Us Muskrat and Northern Seal Coats Hudson Seal, self trimmed $1 G500 All Other Coats Are Priced Equally Low FUR REMODELING — REPAIRING RELINING AND CLEAN! cighth of the weekly wage for each” hour worked, provided, however, that if such employee is a part time worl / er the employer shall so arrange con- ment so that such employee may a fair opportunity for # ave curing such other employment as will enable her to earn a full week's wage. Recommendation Paragraph four under schedule ot hours in the present order reading as ‘ollow! Il be stricken from the order: “No other employer shall em- ploy any woman in any public house- keeping establishment in the State of North Dakota between the hours o- 1:00 A. M. and 5:00 A. M.” NORTH DAKOTA WORKMEN'S COM- PENSATION BUREAU. (MINIMUM WAGE DEPARTMENT) 9/21-28; 10/5-12 ORDINANCE NUMBER 445 OR_ OTHER COMMERCIAL VE TH: TRE: HICLES UPON STREETS F THE CITY OF BISMARCK 1 VIOLATION OF RESOLUTIC NAN or T OR ORDIS ES BOARD OF CITY COMM SIONERS — PROHIBITING 2} OPERATION THEREOF OR LIMITING THE WEIGHT THEREOF ON DESIGNATED STREETS, AND PRESCRIBING PES LTIES FOR SUCH VIOLA- ‘LON BE IT ORDAINED BY THE BOARD * CITY COMMISSIONERS OF THE CITY OF BISMARCK, NORTH DAKOTA: Section Three. Any person or poration violating any of the provi- sions of this ordinance shall, upon conviction thereof, be punished by a fine of not more than $100.00, or by imprisonment for not more than thir- ty days, or by both such fine and im- prisonment. First reading, September 21st, 1932, a October 3rd. 19 10-5. | | { i | | | Use the Want Ads of two-year guarantee. $7500 G Bismarck, N. D. Wilton Coal Effective today our new prices on Wilton Coal will be Lump and 6-Inch Coal Lump and 6-Inch Coal Per Ton Per Ton DELIVERED DELIVERED ON TRACK AT BISMARCK Lump and 6-Inch, $2.75 — Nut-Range Coal, $2.50 Washburn Coal Office Ninth and Broadway TON ORDERS