Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1883-09-29

ten dollars per acre, and that the
total sales in the FIRST ten years
Shall not exceed one.third OF the
amount set apart, is an admirable one
1t VIII secure to the new state that mag
n,flcent endowment Tor educational pur-
poses which belongs to the people and
their posterity.
One item Of the schedule must be con.
demned IN unsparing terms 1t is agreed
that ii 5000 legal voters shall petition
the first legislature to amend the consti.
tuition in any particular, then the legis-
iature shall be obliged 10 submit the
proposed amendment to the decision OF
the people. In the absence of the full
text OF the document, we must assume
that this applies to the first legislature
alone. Were any succeeding body bound
by such rule, it would be in effect to
destroy the constitution altogether.
leaving 1t mere loose aggregation OF
abstract principles which majority
could set aside whenever it suited its
pleasure, and would take from the leRis.
lature its chiefest acknowledged power as
conservator of the organic law. But
there is no call for such an limo.
vation, even in the case of
the body which first assemblies under
the new constitution. If a constitution
means anything at all, it is something
which must not be put ut the mercy OF
every gust and flaw of popular excite
ment. 1t is the bulwark and the safe
guard of minorities against that worst of
tyrannies-the unfettered will of the
majority for the time being. The states
are rightly tenacious of the right to
amend their foundation principles. In
but four states OF the union is il suffici.
ent even that an amendment should pass
each house of the legislature by ma.
Jority vote and then receive the sanction
of the people. In eleven the ratification
OF two successive legislatures is required.
and even then adoption is in many
cases hedged about by requiring more
than majority Of the popular vote. Four
states demand three ffths vote of each
house in favor Of any proposed amend
ment, eleven require two-thirds of each
house, and three demand two-thlrds
vote of assent in two successive legisla-
lures. There is neither reason nor pre-
cedent for requiring legislature te alb
dicate one of the most important func-
tions-that of judging whether q pro-
posed amendment may properly be
incorporated in the constitution. 1t is
clear to any one who has ever seen
anything of the process of obtaining
signatures to petitions, that 5000 names
can be obtained for almost anything;
and the carelessness of the people in
voting upon the most vital amendments
is well known. OF course, the Dakota
provision is sop thrown to the pro-
hibitionists, but time will show how
futile and full of danger it may be. 1t
is serious blot upon work which
is, in most essentials, well and courage
ousiy done. With the exceptions noted,
the constitution brought fourth by the
Sioux Falls convention is something of
which the people of south Dakota may
we'll be proud. The postponement OF
the election of state officers is the last
evidence of wise discression, and that
portion OF the territory which is ambi.
tious of statehood can claim it proudly
with its character in its hands. It can
not, without the grosest partisan injus-
tice, be said of people who could, OF
their Own motion, prepare such an act
as this, that they have not proved theil
title, and earned the privilege of eman.
cipatipg from territorial leading strings