The Dickinson press., 1883-08-04
TERRITORIAL NEWS.
THE CAPITAL COMMISSION.

THE CAPITAL COMMISSION.
Col. W.. f. villas Makes a Strong Argument
for tho Defense in the Court 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 u proper case for jury trial.
Judge Edgerton said, however, that there
might during argument arise a question Of
fact, when he might see his way clear to
award the case to jury,
but he thought the necessity
begun BY Judge Moody, who occupied .
greater part If the day. He held, first, that
the governor and last legislature had no
power under the organic act, to change the
seat OF government, that the first legislature
located the capital on section 10, YaRkton,
and the revised code adopted in 1877 located
the capital at the citv of Yankton This
having been done, permanent change having
been made, the power Of the governor and
Judge Moody claimed, anyway, there was
no authority for the governor and legisla-
make change. Congress
had bestowed power upon the governor and
legislature, and they had ne authority to de-
legate to Others. This afternoon Mr.. Trip
argued the question concerning the appoint
ment of the commission. The organic act
provides that all officers With certain excep-
and confirmed by the council, but the COM
missioners were ma ned in a 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 we'll pleased
with the presentment of their side of the
case.
YANKToN, Special Telegram, July 27.-In
the hearing OF the quo warranto case against
the capital commissioners to-day, Col. Villas
first took up Judge Moodv's point, that the
right of tho governor and legislature to change
the capital had been exhausted, be-
cause in adopting the revised code.
the words, describing the location
we're changed from 'tsection Is" to s'the City
of Yankton." Villas aimed to show that this
could not be called n change. because while at
the first location Yankton really had no exist
ence, it afterward covered all OF Section IL.
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, Col. Villas went
fully into the constitutional view of the ease
He aimed to show that it was a 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 we're appointed
in matters of eminent domain, to build bridges,
canals, buildings and for MANY other purposes,
with full power to do that which tho Iegislat-
ures might themselves do. He drew a distinc-
ton between tho delegation of legisla-
tive power and administrative power, and
showed that the duties of the capital connie
sion were purely administrative. Then, taking
up the 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 Il majority of the
county seats in Ilinois were located, some
twenty in Iowa, and fifteen or more in Mis-
souri,. and many elsewhere.
CITATIONS IN ABUNDANCE.
Relative to State and Territorials capital. he
cited Montana, whore the legislature had dele
gated it's power to the people. who changed it
from Virginia City to Helena byvote; Colorado
Territory, where the legislature selected a
township and then passed an enactment naming
three commissioners to select a site within six
were twice passed appointing commissioners to
make a change; Iowa Territory, whose legisla-
ture passed a bill, naming q commissioner to
locate the Territorial capital in johnson coun-
ty, and later appointed a commission to select
the site ut Des Moines; Nebraska, where the
selected Lincoln; aud finally the location Of
the national capital at Washington by power
congress delegated TO a commission which
was also authorized to purchase or accept
lands for the public use. Col. Villas then took
up Trips argument about the illegslity of
having claimed that under the organic act,
such officers must be nominated by the COVER
nor aud confirmed by the council. Villas
argued that while the commissioners were
officers such as were referred to In the
organic act, their permanent continuing as
fixed dates. Here q commission was ap-
pointed to do particular work. It was the
right of the legislature to name the commis-
sion, since, if loft to the governor alone, the
legislature would be deprived of tho power
giyen, it by organic act: Villas pro.
Iu&uH AA1
theory. Moody occupied the afternoon is reply.
He said the defendant had failed to touch the
main points at issue, that the governor and
legislature, having derived power from con-
gress, could not delegate it. Moody seemed to
regard the management of affairs in Dakota in
ton to so state in uncompllmentary terms.
Gamble will close the argument tonight.
PROTEST AGAINST DIVISION
Sioux FALLS, Special Telegram, July 27.--
At q meeting of the Democrats OF Minnehaha
county, Oak. tonight, the following resolu-
tons 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-si1!h
parallel, and admission of that portion Of it
are Of great interest TO the inhabitants Of Dakota:
and whereas. arrangements are being i1 made by
a convention, the object Of which is to
draft a constitution for the said proposed State,
zens opposed to said scheme have had no oppor-
as ~ only, those that are favorable TO the
in any meetings heretofore held. or tho convention
| to be held in Sioux Falls, Sept. 4, and believing, as
We do, that a good portion Of the citizens of this
and also to q convention styled the constitutional
convention, to be held in Sioux Falls
in September, because the said convention will
have no legal existence. and will not be a represen-
tative body. but a 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 considera-
ton of all Democrats and other citizens OF the Ter
ritory in sympathy with us.
Resolved, That we are opposed to q division of
the Territory of Dakota.
Resolved. That we are opposed TO the self-con-
stituted convention called to meet in Sioux Falls in
6eptember, as it will not be q representative body
and will have no legal existence.
Resolved. That WE ara in favor of the admission