Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1877-01-31
Territorial omeers.

/
There has been in the minds of legal +
men, for this past two years, growing be-
lief that Dakota is acting in opposition to
the express provisions Of United States
law in >elccting its terri scrial officers by
the ballot Of the people. That belief has
crystsiixed Into resolution, introduced,
into he legislative council yesterday by
Mr.. Bailey, OF Lincoln county. This
resolution, which is published in our re-
port of legislative proceedings, calls upon
Gov. Pennington to nominate suitable
persons 10 gil the positions provided for
by territorial enactment, such l.omina-
tions to be confirmed by the council
The law upon which this action is pre-
dicated i : clause ia tho organic act of
Dakota territory, which reads as follows
SEC. T,44And be it further enacted,
that AL township, district and county
officers, not herein otherwise provided
for, shall ba appointed or elected, as the
case may be, in such manner ns shall be
provided, by the governor and Legislative
assembly Of the territor 81. The govern
or shall nominate, and, by and with the
advice and consent Of the legislative
council appoint all officer. not herein
otherwise provided for; aud
shall lsy off the necessary dstriets for
members Of the council aod house OF
representatives, and. all other ofticers.G
Section ls57 of the Revised Statutes
{.
Of the United States, from which the
above section of the organic act was
evidently taken, reads as follows;
SEC. ls57--All township, district and
county officers, except justices of the
peace and general officers of the militia,
shall be appointad or elected iii such
manner as may be provided By the gov
ernor aud legislative assembly of each
territory; and all other off; not here
in otherwise provided for, the governor
shall nominate, and by and with the ad
vice and consent of the legislative coun
Gil Of each territory, shall appoint.
Herr then is the authority for placing
the appointment Of territorial officers in
the hanas Of the governor, and-it is au-
illority which the territory OF Dakota
cannot 20 behind. The section quoted
from the organic net permits election Lay
the people Of all township, district and
county officers, while the section given
from the United States statutes would OF
itself make il also the duty OF the gov
ernor or to appoint justices of the peace
A previous section, however, provides
that Justices of the peace shall
be elected BY the people. A.
the law stands the governor must
nomina.e persons to to-tihH tihH HE HE efasiieees q!
superintendent Of immigration, commits
sioner of immigration, superintendent Of
public instruction, territorial auditos and
territorialtreasurcr, and the council mus,
confirm before those officers become legal
occupants Of the positions mentioned
Section two of the organic act says tha
the governor shall commission all officer.
who shall be appointed to Office under
the laws of the territory. The whole
operation Of creating officials within fhs
territory, is therefore provided for bJ
United States law, and Dakota has beer
Siolating that Law since 1862, when i,
provided by enactment Tor the election
of auditor and treasurer
Whether any other startling develop
mants would occur from close study o
United States law remains to be seen. I
Z is, however, held by persons of authorit,
that all officers Of territories are require,
to keep their Offices at the capitals 0
their respective territories and an en-
forcement of this provision weuld be an
other innovation upon the customs of tn
past here in Dakota. The longer we liz
the more we find out.