New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-10-23
pR0GKtSS IN DAKOT4.


We must expect to see North Dakota and
South Dakota in the Union one of these days,
lust as we now have North Carolina and
South Carolina. Where there is such large
store of names, native and historic, to draw
upon as We have in this couptry the nomen-
clature does not seem specially fortunate.
But the necessity of retaining the name OF
Dakota as "A brand for winter wheat is para
mount to all sentimental considerations, ana
North and South Dakota will not he more
objectionable as names than New lOrk ana
w-Jersey Will seem when they are eight or
ten centuries old. BIT there would appear to
be some uncertainty, even now, about the
name. When North Dakota protested against
any monopoly ly South Dakota OF the com
mon name, assurance was given that the new
State could be called South DkOta. The
completed Constitution, however retains the
name oI Dakota simply.
Tie new Constitution, which the people OF
the southern portion of the Territory VIII be
called upon to raufy next month, and which
Congress will be ASKED to approve by admit
ting IN, sclt-cons Itutcd State lntO the Union
contains some interesting features. Ga the
whole, 1t Is a conservative document, and en-
bodies few of the advanced" notions which
are ant 10 find ready acceptance in new COM
muniiies. In this respect 1t argues well for
The capacity of the people for sef-govcrnment.
One section gives the privilege of waving
a Jury trial, not only IN all civil eases, which
Is stipu atcd for in some OF the existing State
CONSTITUTIONS but in all criminal cases less
than felony. One curious provision lengthens
the terms of JUDGES upon reelection. The
Supreme Court Judges are to serve Tor four
wears; 1 reelected, the second term Is to be
for eight years and # elected third time,
for twelve years This increasing tenure Is
expected apparently, to serve as an incentive
10 good behavior. IL ~ a question, at least,
wi. thcr IL would not tend to increase and
hcishten the evils thai are apparent III any
system of clcctIng Judges, and would not make
Judges more susceptible to outside Influence.
Laws passed by the Legislature are not to
become operative, except IN cases OF emer-
ecucy, until ninety days after the adjournment
of the session. THIS Is an innovation upon
common legislative methods, and It does not
appear what good end ia gained by It, An
other innovation Is the extreme ease with
which amendments to the Constitution may he
brought before the people u provides that
if 1900 voters petition tie first Legislature
for any amendment to the Constitution, 1t
snail then be- sul mitted to the people. 1t is
the established rue III all tie States that
Constitutions. amendments shall INST pass tho
ordeal of the Leg stature, some making 1t
severe, "a in this State, where two Lcgisa-
lures must approve before the amendment can
90 TO the people or in Massachusetts,, where
tvo-thirds of the General Court and majority
of the Senlte in two Legislatures must first
approve. This provision was concession to
tpc ProhibitiOnistS. W are so little satisfied
with il that they are organizing To defeat the
Constitution altogether. In most other re-
spects the Constitution is founded upon the
most recent models IN the older States.
For young Statc-that Is not State
Dakota is having plenty of politics just now
For example, it seems to have two capitals,
while some claim tnaJ it has none at ALL
Under Governor Ordway'S influence tae Leg |
Islature caused the removal o. the capital from |
\ ankton to Bismarck, and the buildings were |
n,omptly begun Tho removal was reSls ed. |
and one of the Territorial officers refused to
90 with the rest o. the Government Judge |
of the Supreme Court declared the removal !
law unconstitutional or rather part OF II; |
and the point has Occn raised that under his |
decision that parC of the law which took the |
cap.tnl away from Yanlton is valid, while that !
which placed it at Bismarck Is invalid. In
that case tho Territorial Government has no
right either to como back or 10 stay whore 1t
IS, but must remain in Il state OF SUSPENSION,