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

CONVERTED TO the CAUSE.
Newspaper which has not been over
Friendly Finds much to Admire In
Daketa's Consultation and I'm the
Conduct Of those who made IT.
st. Paul Pioneer Press: The com.
ments which we have made from time to
time during the evolution Of constitu-
tion by the representatives, OF south
Dakota cover most of the important
features uf that interesting document,
and preclude a detailed aud critical
analysis now that the work has been
brought to completion. While few
portions Of it are decidedly Objectionable,
1t ID in the main cautious, conservative
tion has gained far greater distinction
from the things which it wisely refrained
from dong than from those to which it
actually gave final assent. And to say
this, under the circumstances, is to be.
stow high praise. The delegates who
assembled At Sioux Falls had doubtful
prospect before them. They met with
out an enabling act and under sense Of
wrong done them by the federal govern
ment in its refusal to consider their just
demands They knew that their
work would be without warrant
except that which is stamped
upon it by the right of American citi-
zens to provide for their own government
The soil from which the assembly sprang
was not kindly one, and the doctrines
and discussion out of which came the
provisions for f constitutional conven.
ton were not such as could command
the unqualified assent OF tie people OF
the country. Moreover, the agitatinn
was fruitful in bringing forward host
of advocates Of pet schemes of reform
and wild innovations, who were prepar-
ed to thrust themselves upon the conven.
tion and graft their little shoots OF
sickly logic upon the document which
was to become organic law. The air was
full of danger. Should these outer dis.
sensions find lodgment in the convention
itself, AID shonld its work be distorted
into the fantastic shapes that were
sought to be given it, then the whole
scheme would eventuate in worse than
failure. 1t would furnish the longed for
pretsxt for again ignoring the claims of
the people of south Dakota. More dam
aging than mere postponement of their
desires. it would make them ridiculous
And the question that continually faced
the convention was, not SO much what
should be, as what should not be done.
To have steeIed an even way through
these many rocks of shipwreck is no mi.
nor triumph. The convention has done
far more and far better than any one
would have believed possible month
ago; and the constitution which it has
framed will bear comparison, in most OF
its essential features, with the best and
latest work OF the existing states. II
has lost III picturesqueness, but gained
immensely in those solid qualities which
commend 1t to the Judgment of the
people of the county, and give dignity
to those who shall come with this scheme
of government in their hands, asking for
the right to live under it as their funda,
mental law. If democratic congress
would still keep people waiting vainly
at its doors, 1t must hide behind som,
other subterfuge than the plea that the,
do not know their own minds, or thai
they are not thoroughly able to rul
themselves. A few features only O
the work require recapitulation o
especial mention. The privilege o
waving a jury trial in all civil cases
and in all criminal cases less than felo
ny, is one Of the most notable of these
It is gun IN the great contest agalns
the outworn jury system which Is com
ing on, and is open to no sb]ectior
Surely nothing could be more signif
cent than that the people for who's
protection this system claims to exis
should assert their desire to reject !
when they please, and trust their caus
to some tribunal less open to prejudic
aud more secure against the worst of il
t1uences. In common with most Of til
states. the rule of biennial sessions j
laid down, while the provision that n
law shall take effect, unless in cases c
emergency, until ninety days after th
j. adjournment Of the session in which
was passed is curious rule, the reaso
for which is not clearly apparent. I'll
limitation placed upon the number {
members of the respective branches {
the legislature will tend to facilitate lef
islation. but it may be reckone
doubtful if it can Withstand IL
pressure OF increasing population. tt
lengthening Of the terms of suprenl
3 Judges in case of reelection cannot /
commended. No doubt, the idea is th,
Judge who can win second term b,
proved himself SO fit for his Office til,
he should have longer lease of it; bl
, the fact will too probably show TIL
judges who desire reelection will ter
more and more to conform to popul
! prejudice, in order that they may win Il
/ great prize of second choice with
I term twice as long. But this is only OF
of the evils incident to an elective jud
ciary, which should not have receiv,
8 countenance from body which shove
E itself in other directions SO conscious
the dangers Of the times. The electi'
judicial system is the worst of erro
implanted in soil where it will tiou
!. ish grandiy until its baneful proge,
I shall rouse people to sense of the
e grave mistake. Like all the progressi,
. communities Of the west, eouth Dsko
9 ia careful Of educational int.
|. cate. The section providing that |
!. lschool lands shAll be sold st lees th