The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1883-07-27
TERRITORIAL NEWS.
THE CAPITAL COMMISSION.

lIhNllUhlA1t NEWSs
THE CAPITAL COMMISSION.
Col. W. F. Villas Makes n S rong Argument
for the Defense in the Courela at Yankton.
Yantton, Special Telegram July o.
This morning Judge Edgerton, in the quo
warranto case against the capital commits.
sioner, denied the motion of the defendant
to strike the case from the calendar, on the
ground of being proper case for jury trial.
Judge Edgerton said, however, that there
might during argument arise question of
fact, when he might see his way clear to
award the case to a Jury,
but he thought the necessity
did not now appear. Argument was then
begun by Judge Moody. who occupied a
greater part of the day. He held, first, that
power under the organic act, to change the
seat OF government, that the first legislature
located the capital on section IS, Yankton.
and the revised code adopted in 1877 located
the capital at the CITY of Yankton This
having been done, permanent change having
been made, the power of the governor and
legislature became exhausted. Secondly,
Judge Moody claimed, anyway, there was
no authority for the governor and legisla.
ture to delegate their power to
had power p apon the govesn Sns aad
legislature, and they had ne authority to de.
legate to Others. This afternoon Mr.. Trip
argued the question concerning the appoiat-
ment of the commission. The organic act
provides that all officers with certain excep-
tons; shall be nominated by the govern or
and confirmed by the council. but the COM
missioners were ma ned in bill which was
approved by the governor; hence comes
plain violation of the. organic law render
ing the capital bill void. Both gentlemen
went fully into the question and cited
long list Of cases which they deemed peril
nent. Yankton people seem well pleased
with the presentment of their side of the
case.
YASKToN, Special Telegram, July 27.-1n
the hearing OF the quo warranto case against
the capital commissioners to-day, Col. Villas
FIRST took up Judge Moodv's point, that tho
right of the governor aud legislature to change
tho capital had been exhausted, be-
cause in adopting the revised code
the words, describing the location
were changed from "Section 1s'' to ''the City
of Yankton." Was aimed to show that this
could not be called a Change, because while at
the fl st location Yaukton really had 10 exist-'
ence, it afterward covered all of Section 49,
Secondly. the power of repeating the change
was vested IN the governor and legislature and
this power could not become exhausted. On
the subject of delegation Of power by the
legislature to the commissioners, Co. Villas went
fully into the constitutional vsw of tho case
He aimed to show that it WAS common prac-
tice Of legislative bodies to delegate power.
He cited many instances where congress.
which derives it's power from the peo-
pie, had delegated its legislative power
to the president Legislatures frequently
which the legislature has power but could not
we'll do. Thus. commissioners were appointed
in matters Of eminent domain, to build bridges,
canals, buildings and for MANY other purposes,
with full power to dc tina: which tho legislat-
ures might themselves do. He drew a distinc-
hon between the delesation of lcgisla,,
tive power and administrative power, and
showed that the duties Of the capital commis-
sion were purely administrative. Then, taking
up the matter of precedence, he showed that
county soats had frequently been located by
commissioners named i'll legislative enact
nlent.. ana that the courts had held such laws
Constitutional In this way a majority of the
county seats In Illi.oiS were located, some
twenty in Iowa, and fifteen or more i'll Mis-
sOuli. and many elsewhere.
CITATIONS IN ABUNDANCE.
Relative to State and TerritOrials capital, he
gated lts power to the people. who changed it
from Virginia City to Helena by vote; Colorado
Territory, where the Legislature selected a
township and then passed an enactment naming
three commissioners to select site within six
square miles; Illinois Territory. where bills
were twice passed appointing commissioners to
make change; 1owalTerritory, Whose legisla-
ture passetla bill, mining commissioner to
locate the Territorial capital in johnson coun-.
tv, and later appointed commission to select
the site ut Des Mones; Nebraska, where the
State legislature named the commission that
selected Lincoln; and finally tbs Location of
the national capital Mt Washington by power
congress delegated to commission which
was also authorized to purchase or accept
lands for the public use. Col. Villas then took
up Trips argument about the illegRlity Of
naming the commissioners in the bill, Trip
having claimed that under the organic act,
such officers must be nominated by the COVER
nor aud confirmed by the council. Villas
argued that wLilo the commissioners were
officers such as were referred to III the
organic act, their permanent continuing as
officers were meant with regular and
fixed dates. Here commission was ap-
pointed to do particular work. It was the
right of the legislature to name tho commits
sion, since, if left to the governor alone, the
Legislature would be deprived of the power
given it by organic act Villas pro-
duced many precedents supporting his
theory. Moody occupied the afternoon is reply.
He said the defendant had failed to touch the
main points at issue, that tho governor and
legislature, having derived power from con-
gress, could not delegate it Moody seemed to
regard the management of affairs in Dakota in
tolera bly, bad and could not resist the ternpta-
Ion to 80 state in uncomplimentary terma
damDle will close the argument tonight
= SIOUX FALLS, Special Telegram, July 81
AT meeting of the Democrats of Minnehaha
county, Dak.. tonight, the following resolu-
lions were unanimously adopted:
Whereas, The admission Of the Territory of Da-
6 SGta as a. into the union Of States also the
parallel. and admission of that portion Of it
south south Of said line as State. are ques-
aTs & nov now occupying public attention and
ana whereas, arrangements are being made by
some citizens to secure division of tho Territory
on the so,, line indicated, and also to- hold
draft constitution for the said proposed State,
and to elect State officers; and whereas the citi.
zens opposed to said scheme have had no oppor-
ONLY ,ho.e h ,6at on these questions
said projects have been invited to take part
tn h any meetings "Tstotore held or tho convention
II. ss pe ned e IN BIO Falls Sent d. and believing as
territory ..T are opposed to division of the same
anu also to convention styled the constitutional
in G9nF san,oia,ho to be- held in Sioux Falls
nave no legal existence. aud will not be represen-
iatye body but faction; we tho citizens Of Sioux
T, ms anu Mlnnehaha county, and members of the
democratic party, feel 1t incumbent upon our
selves to enuncate our views upon the above cues
LIONS and submt them to the favorable considers
tion OF al Democrats aud other citizens OF the Ter
rliory in sympathy with us.
;, resolved That We are opposed to division Of
the Territory Of Dakota
;Mesolved. That we are opposed to the selt-con.
s!ltuted convention called to meet in Sioux Falls in
September, as it will not be representative BODY.
and Will have no legal existence, ~
Resolved. That we are in favor of the admission
STATE. just as soon as It can oe legally accom-
piished. and for this purpose We will use our