Kimball enterprise. (Kimball, Brule County, Dakota [S.D.]) 188?-1883, 1883-08-10
TERRITORIAL NEWS,
THE CAPITAL COMMISSION.


Coi. w. F. Villas Makes IA rons Argument
Tor the Defense In the Court at Yankton.
YanSton, Special Telegram July 26
This morning Judge Edgerlon, in the quo
wafranto 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 questie On of
fact, when he might see his way clear to
award the case to jury,
but he thought the necessity
taid rot now appear. Argument was then
begun by Judge Moody, who occupied a
greater part of the day. He held, firs that
the governor and last legislature had no
power under the organic act, to change the
seat OF government, that the first legislature
locate d 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
make change. Congress
had bestowed power upon the governor and
ieSlslature, ana Lbey nau no ailthOrny 10 de-
legate to Others. This afternoon Mr.. Trpp
argued the question concerning the appoint
ment of the commission. The organic act
provides that all officers with certain excep-
tions; shall be nominated by the govern or
and confirmed by the council, but the COM
missoners were named in bill which was
approved by the governor; hence comes a
plain violation of the organic law render
Ing the capital bill void. Both gentlemen
went fully into the question and cited a
long list OF cases which they deemed peril
nent Yankton people seem well pleased
with the presentment OF their side of the
case.
YANkroN, Special Telegram, July 27.--1n
the hearing OF the quo walranto case against
the capital commissioners to. day, Col. Villas
first took up Judge Moodv's point, that the
right Of the governor and legislature to change
the capital had been exhausted, be-
cause in adopting the revised code,
the words, describing the location
were changed from Section Is" to sthe City
of Yankton." Villas aimed to show that this
could not be called II change. because while at
the fist location Yankton really had no exist
tnce it afterward covered all of Section 49,
Secondly the power Of repeating the change
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 view of the ease
He aimed TO show that it was common prac-
tice of legislative bodies to delegate power
He cited many instances where congress.
which derives its power from the peo-
pie, had delegated its legislative power
to the president Legislatures frequently
appoint commissioners to perform certain acts
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 do that which the !egisIat-
ures might themselves do. He drew distrc-
ton between the delegation of legisa-
tive power and administrative power, and
showed that the duties Of the capital commits
up tho matter OF precedence, he showed that
county seats had frequently been located by
commissioners named in legislative enact
ments. and that the courts had held such laws
constitutional In this way ma joriiy of the
county seats III Illinois were located, some
twenty in Iowa, and fifteen or more i'll Mis-
souri,. and many elsewhere
CITATIONS IN ABUNDANCE.
Relative to State and Tcr,itorials capital, he
cited Montana whore the legislature had dele
gated 'ts 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 Il site within six
square miles; Illinois Territory. where bills
were twice passed appointing commissioners to
make a change; Iowa Territory, whose legsld-
ture passed bull, naming commissioner to
locate the Territorial capital in johnson coun-
ty and later appointed commission to select
the site at Des Mones; Nebraska, wher. the
State legislature named the commission that
selected Lincoln; and finally the location of
the national capital at Washington by power
congress delegated to q commission which
was also authorized to purchase or accept
lands for the public use. Col. Villas then took
up Trips argument about the illegulity of
naming the commissioners in the bill, Tripp
having claimed that under the organic act,
such officers must be nominated by the COVER
nor and confirmed by the council Was
argued that while the commissioners were
officers such as were referred to the
organic act, their permanent continuing as
officers were meant with regular and
fixed dates Here commission was ap-
pointed 10 do particular work. 1t the
right Of the legislature to name the commits
sion, since, if left to tue governor alone, the
given it by organic act Villas pro-
duced many precodents supporting his
theory. Moody occupied tho afternoon is reply.
He said the defendant had failed to touch the
legislature, having derived power from con-
gress, could not delegate it. Moody seemed to
regard the management of affairs in Dakota in
tolerably bad and could not resist the tempta-
tlon to SC state in uncomplimentary terma
Gamble will close the argument to- night
PROTEST AGAINST DIVISION
SIOUX FALLS, Special Telegram, July 27--
At a meeting of the Democrats of Minnehaha
county, Dak. tonight the following resolu-
tions were unanimously adopted:
Whereas. The admission Of the Territory Of Da-
kota as a State into the union of States, also the
division of the Territory on the Forty-sixth
parallel, and admission of that portion Of it
south of said limo State. ques
tons occupying public attention and
of great interest to. the inhabitants of Dako ta:
aud whereas. arrangements are being made by
some citizens to secure division Of tho Territory
on the line indicated, and also to hold
convention, the object Of which is to
draft Constitution for the said proposed State,
and TO elect State oficers and whereas, the citi-
zens opposed to said scheme have had no oppor
tunity to be heard on these questions,
said projects have been invited to take part
in any meetings kcretofore held or tho convention
to be held in Soi. Falls. Sept. 4, and believing as
we do that good portion of tho citizens of this
Territory opposed to o division of the same,
and also to convention styled the constitutional
convention, to be held in Sioux Falls
in September, because the said convention will
have no legal existence, and will net be represen-
tat!ve body. but faction; We the citizens OF Sioux
Falls and Minnenaha county, and members OF the
Democratic party, feel it incumbent upon our
selves to enuncate our views upon the above ques-
tons and submit them to the favorable coosldera-
ton Of all Democrats and other citizens OF the Ter
ritory in sympathy with u.s.