Early History of SD -- Prohibition

	This information appears in Chapter LXV of "History of South 
	Dakota" by Doane Robinson, Vol. I (1904), pages 350-352 and was 
	scanned, OCRed and edited by Joy Fisher, http://www.rootsweb.com/~archreg/vols/00001.html#0000031

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CHAPTER LXV

THE STRUGGLE FOR RESUBMISSION.

	Through three campaigns, as we have seen, South Dakota had declared for 
prohibition of the liquor traffic. Under the direction and unflagging zeal of 
such men as W. F. T. Bushnell, William Fielder, Joseph Ward and of the ladies of 
the Woman's Christian Temperance Union the people were carried into a fine 
enthusiasm for reform, which was reflected in the platforms of the Republican 
and Independent parties and the victory for prohibition was won for the last 
time in the success of the separate article of the constitution in the election 
of 1889.  The legislature, in good faith, passed the law which gave life to the 
constitutional provision and on March 1, 1890, the law went into operation.  
Governor Mellette, himself a prohibitionist and a teetotaler, strongly advocated 
the reimbursement by the state of the owners of the breweries whose business had 
been ruined by the prohibition, but he received little support in the 
proposition.

	With the constitutional article adopted and the law enacted, the most of 
the reformers went about their business serene in the consciousness that evil 
had been put away. Of course, there were many self sacrificing people who at 
once organized to secure the enforcement of the law, but as a rule those who had 
voted the law into being did not care to concern themselves with its 
enforcement. In a considerable portion of the state the law was well observed, 
but in large sections and important towns little attempt to observe it was made 
by the officers. This was especially true of Sioux Falls, Yankton and the Black 
Hills section. Everywhere it was the subject of litigation, for naturally its 
enemies were not content to accept its dictum without testing the legality of 
every provision and the courts were overwhelmed with test cases. These 
conditions lead to a reactionary feeling, which by the time the legislature of 
1893 was elected was taken advantage of by the liquor men to signify a demand 
for resubmission of the prohibition article.  Accordingly the resubmissionists, 
under the leadership of Moses Kauffman, of Sioux Falls, established a strong 
lobby at Pierre, upon the assembling of tile legislature and promptly began a 
propaganda for resubmission.  To combat this movement the Woman's Christian 
Temperance Union sent a lobby to Pierre under tile lead of Mesdames Ella A. 
Cranmer and Annie D. Simmons.

	The resubmission bill was introduced by Mr. Fowler, of Lawrence county, on 
the first day of the session and its passage was confidently looked for by its 
friends. All of the important legislation of the session was made contingent 
upon it, as far as it was in the power of the resubmissionists to do so. The 
committee on temperance, having charge of the bill, made a majority report 
favoring the hill and a minority report unfavorable to it on February 1st and on 
the next day Mr. Fowler moved that the majority report be adopted.  Mr. Ashley, 
of Clark, moved that the minority report be substituted for the majority and so 
substituted to be adopted, and the substitute prevailed by a vote of forty-three 
to thirty-nine and so the first attempt at resubmission failed.

	Immediately the resubmissionists gathered themselves for a new attack, and 
on the 6th of February introduced a new bill so amending the prohibition clause 
of the constitution as to allow local option and the sale of the monopoly to 
sell liquors in any community voting in favor of the sale, somewhat after the 
Swedish plan. It was expected to secure the support of Stuverud, of Codington, 
Patten, of Beadle, and Douglas, of Miner, for this bill, who had voted against 
straight resubmission. The hill came on for passage on the 28th. The 
prohibitionists had given up all hope of defeating the passage except by a 
filibuster which would crowd it over the term.  Therefore, when it came up on 
the morning of the 28th, four days before the session would end, the opponents 
of the measure, under the lead of Mr. Hooper, of Spink county, with grim 
determination to do or die, began the fight which they did not suppose would end 
until midnight of the 3d of March.  By motions to adjourn, to table, appeals 
from the chair and interminable roll calls the day was worn out until late in 
the evening, when the resubmissionists, becoming desperate, Speaker Lawson 
permitted an heroic amendment of the rules, which permitted the bill to come up 
upon its merits.  In all the tiresome test votes of the day the resubmissionists 
had had ample strength to handle the proposition.  Forty-three votes were 
necessary to pass the hill and fifty were voting with them. Finally the crucial 
vote came and the resubmissionists were exulting and the prohibitionists were in 
the depth of despair. The situation was most tense and public sentiment 
throughout the state was aroused as it seldom has been.  The roll call proceeded 
and from the first it was apparent that resubmission was not holding the 
strength which had helped it through the filibuster.  When half through it was 
manifest that Patten and Stuverud were essential if the bill passed.  Patten was 
called and voted aye, but Stuverud shouted "no" and the vote was tied. An 
emissary of the resubmissionists rushed to Stuverud's seat and was laboring with 
him to change his vote, when Patten staggered to his feet looking like a corpse, 
but with determination in his face.  If the fate of South Dakota had depended 
upon his action greater interest could not have been manifested.  Members and 
lobbyists half rose from their seats and craned their necks toward the man from 
Beadle, while it seemed that every one stopped breathing: "I change my vote to 
no," he said.  Resubmission had failed in its second attempt. From the 
standpoint of 1903, it is hard to understand the deep seated feeling and 
interest manifested by both parties in this fight, which two years later was 
allowed to go through by default.

	Governor Mellette delivered his final message to this legislature and 
surrendered the office to Governor Charles H. Sheldon.  This was the conclusion 
of Governor Mellette's public life in the state and thereafter he was hardly a 
factor in public affairs.  South Dakota never had a more sincere, more able or 
more self-sacrificing servant.

	The legislature was organized by the election of James M. Lawson as 
speaker.  Mr. Lawson was chosen upon an understanding that a majority of the 
temperance committee should be favorable to resubmission, but without other 
pledges. After the adjournment of the first session, at which he was chosen Mr. 
Lawson retired to his room and was not again seen until he appeared at the 
opening of the session the following day, when, to the consternation of the 
lobby and of "the organization," he announced his committees.  He had consulted 
with no one and of course had not received advice from any one.  Aside from the 
resubmission matter, the chief interest of the campaign centered around the 
passage of an appropriation for a state exhibit at the Columbian World's Fair at 
Chicago. Anticipating the action of the legislature, a company of citizens had 
been organized and funds had been raised and a building constructed at Chicago 
and a considerable exhibit prepared. A very loosely drawn bill had been 
prepared, carrying sixty thousand dollars.  Speaker Lawson determined that this 
fund should be thoroughly safeguarded before the bill should pass.  In the 
progress of events some hostility between the speaker and Governor Sheldon 
arose, and the speaker found himself in the minority, but still with sufficient 
support to prevent the passage of the bill, which would require a two-thirds 
vote. A very strained situation arose, in which there was a determined movement 
to unseat the speaker, which was only prevented by the latter's acute power of 
action, which fairly intimidated enough of his enemies to prevent drastic action 
against him.

	The World's Fair bill finally passed with all of the safeguards for its 
expenditure which the speaker proposed. It carried sixty thousand dollars, ten 
thousand of which was devoted to the women's exhibit, and the state was very 
creditably represented in the exposition.

	In June the great national panic fell upon the country and was severely 
felt by the Dakotans, who were just beginning to recover from the troubles 
incident to the reaction from the boom and the poor crops of 1889 and 1890.  
Banks everywhere went down and values shriveled up like corn blades in a fierce 
draught. Many enterprises which were in a way to do much for state development 
were swallowed up and in spite of a very good crop the people of South Dakota 
felt that the hand of every man was against them and great dispondency followed.  
About the only progress made during the season was the completion of the Great 
Northern from Sioux Falls to Yankton. Judges Bennett, Corson and Kellam were re-
elected to the supreme court that fall.  On the last day of the year Judge John 
E. Bennett died very suddenly, leaving a vacancy, which was filled by Governor 
Sheldon by the appointment of Howard G. Fuller, of Faulkton, then judge of the 
sixth circuit. Governor Sheldon also appointed Loren G. Gaffey, of Pierre, to 
succeed Judge Fuller as circuit judge.

	President Cleveland conferred a most distinguished honor upon South Dakota 
by the appointment of Judge Bartlett Tripp to be ambassador to the court of 
Austria, a position he held with great credit for four years.