The DeSmet leader. (DeSmet, Kingsbury Co., Dakota [S.D.]) 1883-1891, 1883-08-04
TERRITORIAL NEWS.
col. w r villas Makes ~ rong Argumen,
tor the pefen.. in tb, Court AT Nanktnn

col w. r villas Makes ~ rong Argumen,
tor the pefeDsc in the Court At Nankton.
Tsnkton, Special Telegram July 26 --
This morning Judge Edgar,on, 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 a question OF
ract, when he might see his way clear to
award the case to jury,
bat he thought the necessity
did not now appear. Argument WAS then
begun by Judge Moody, who occupied a
greater pat Of the day. He held first that
the governor aud last legislature had no
power under the organic act to change the
seat oi government that the first LEGISLATURE
located the capital on section Is iaHkton,
and the revised code adopte in 1877 located
the capital at the CITY OF Sankton This
having been done, permanent change having
been made, tie power of the governor and
legislature became exhausted. Secondly.
judge Moody claimed anyway, there was
no authority for the governor and legisla.
tuTe To delegate their power to
make change. Congress
had bestowed power upon the governor and
legislature, and they had ma authority to de.
legate 10 Others This afternoon MIR. Tripp
argued the question concerning the appoint
ment of the commission. fhe organic act
provides that all officers with certain excep-
tons; shall be nominated by the govern or
and confirmed oy the council but the com.
mlssoners were ma ned III "A bill which was
approved by the governor; hence comes a
Vt..ta
iRg the capital bill void. Both gentlemen
went fully into the question and cited
long list Of cases which they deemed peril
nent IanAton people seem well pleased
with the prcsentment of their side of the
case.
NANKToN, Special Telegram, July ~. In
tie hearing of the quo warTanto case against
tho capital commissioners to day. Cob Villas
first took az Judge Moodv's point, that the
right Of the governor and Legislature To change
the capital had been exhausted, be
cause ia adopting the revised code,
the words, describing the location
were changed from ''Scctior Is to "thc City
Of lauhton." Was aimed to show That thus
could not bc called a e ange, because while at
the hist location lslhton really had no oNist
pnce, 1t atterward covered all of Section ~
was vested IN the governor and legislature and
his power could not become exhausted On
The subject of delegation Of power by tho
lcgi- AZURE 70 The com missioners, Col. Villas went
fully into The constitutional yiaS OF the ease
he aimed to show nat it was a common prac-
tico of legislative bodies 10 delegate power
He cited many llstAuce. where congress.
which derives lt- power from the poo
rle had delegated it, Legislative power
10 the president Legislature frequently
sppoint commis-loncrs - pc form certain acts
winch the lcglSlature has power but could not
Well do Thus commissioners were appointed
in matters of eminent domain, to build bridges,
canals, buildings and for man, other purposes,
with fun power to do tina which the lcgisiat-
urcs might themselves dl. H. drew dstnc-
ton between the delegation OF iegl-la-
tive power aud administrative power, aud
showed that The duties oi lho capital commits
SION we're purely ddmiui 'rraiiyo Then, taking
~ the matter OF pieccdence. hs showed tha,
county seats bad frequeat'y been located 10y
sno,GqpSa ,adAal ii spe& lSgs
county sests IA nilaoi, we5e iocat d, some
twenty IN Iowa, aud hftcon OF more IA Mis-
soufi. and many elsewhere
CITATIONS IN ABUNDANCE
Relative TO State aud Ierti'oilals capital no
cited Montana, whore tue Legislature ma dele
cat, Il - iowcr TO the people. who changed IL
Territory where the le4isi iture selected
tpwusnll, AMI ihrn a4@, . "a enactment naming
three commissioners Ia select sito within SIX
.otlarp miles; IliTols Territory where bus
were ice passed appointing cominl $40 'rre 10
make change; Iowa Territory, whose "a gisia-
ture pass 4 a h'l.. Hamiug commissioner to
Iocata th, Territorial capital IN Johnson conn-
". and later appo.n'cd a commission 10 select
tho sit nt pcs MONIES, Aebrarka, whore tho
Stair ,cris alurc named the commission That
selected lducbn; AID hhaily IA location OF
the natoual capital AZ Ma-hln.t'n 10y power
congrcrs delegated 10 y COMMISSION Whlch
WA. a.so authorized 10 purchase or accept
lands for the pubic use. tot Villas then tooh
mn tIil.p's argument ~ out che llegrllty or
naming the commissioners 10 the hiIl, irpp
hay,ur claimed hat under the oiRapIc act,
-nch officers must be nominated GF tue guNef-
nor and confirmed by The couuciL was
srqued that whl.e the camms ssioners were
officers such a. were referred 10 IN the
prganc act their permanent cootnding as
officers were m ant with regular ana
fixed dates Here commission wAs ap-
uointa,l to do particular work. u WAS 'he
right Of the lcgsianrr To name the commits
sion, since, IL lett 10 the governor alone, tue
legislature won.i he deprived - 'he power
given II bv organic act Villas pro-
iureI many ursredcnts supporting ms
theory Moody uccupic the afternoon ~ repiy.
he said t,e a feudaut had failed 20 touch the
main points az issue, that the governor ana
legislature. having derived power from con-
grr-s, could not delegate IT. Mn"dy seemed 10
r card he management of affairs "a Dakota IN
,oi.rshly bad and could not resist the te'npia'
ton to 20 state in uncomrlimentary terms.
Gamble vii ciusc the argument t. might
PROTEST AGAINST Division
Sioux FAILS, Sncc a. Telegram, july "a ---
AZ n meeting If the Democrat ~ Minuchaba
county. pak. t3-nI..ht, the fplllslng resolu-
ii "a were uuarm0u - ador' -
Whereas. TAe udlui,,,,n ~ l,r rert,'nry OF Da-
L0ia as a state tuio the uuvn at states, also Tie
aivison ~ the Territory Oh tne fortN-siStl
! pa-alel, aud "a 1.ssinn "t hat portion ot II
I tcuh ot sFib Aue as q state. ar" gli's
'0cs cg~ e~-;sT'GG ;as"S a.:c'',';,.. 90
ara ~ great ncr"s, 20 ttr inhabitants os nakota
/ aud wpnrcss, arrtn -em~bf~ are being maze ol
some cirisrus O. secure y,> ,>iu ot tho ! trrltory
| ou the iaa Iuds itrt, ant also 20 NOT
convention. The object ~ which Is L
/ dfnfi cOh~,''u1uu f"r Va" sAia PROPOSED atate
! and 'o elect -" oihc"fSi 1u' whereas, "a" c',i
I zcus cppusrd 10 >.ii s-pcins have had no oppor-
| tuniiy 20 D. heard on these questions
| A. only tho 'Ha' are favorable 20 va
| said projects have been Invited :" take nar
40 gu, t,--,t.,,- f-tviut- n.-id. ire Nc'iiivt
! to ha hrd IN -puN f,l.s, sept. a. ANA believing, a
~ 40. tha. = good iyftior OF the cltizoSs oi ,h'
Territory are opposed 90 a division Il the same
aud aj.o 20 contention styled TIE constitutions
| r9ryrution L. be hed IA sioux Fall
] in September because The sa!! convection WI
have no legal eXistrrc", anj viii not y" retreseh
tat body. ngt Tac.fo We lie CT q - " Sl"u
| tals and MiuNehaha county, and members 0t IN
| Democratic parry, feel u incU,1ben' upon our
! selves TO ruUnciais uur vlaws uuDn the abavA qpeS
| tOns aud submit hen . the favorable consliera
ton ~ al Democrats and ptber ci' zens o the ef
ritory 10 srmpaIhy with Us.
R-.ulyrd, 1nai We ara opI osed to dyisl9n o
toe Territory Of DAKOTA
les dyed. That we are opposed 20 the self
stiJutrd convention called 10 meet IN Sioux Falls
4 ptemb-r, a. IL will not bs a representative BODY
! and Will have no legal existence.
| Resolved. That W. are Ia favor az the ad,nissio
! OF the Territory of Difota into the Union As
I STATE. Just as soon II can be legally accom-
! pisEed. and Tor this purpose We viii as on
| b.st efforts have the federal cnr
| greSs pass an act next winter. empowcriu
! the citizens tn elect delegates Ia constitutions
| convention TO frame a constitution % be snhm tse
! 10 congress- which vi I euabis the Ter rory
be promptly admitted as State In the Fedcra
! IuiuN.
Resolved Tha, the Democys's here assemble
are ., posed 90 aay member of the party acceptlp
the position Of delegate to the so-caiied constitt
tionaI convention.
Dakota Territorial News
The store of Fowler * Sedun, at Al
exandria. was closed by the sheriff.
Plankinton expects 500, 600 of build