Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1883-08-03
sNl.a n>nlk~l N.--fn.a>~ Hln.a

We subjoin few Of the strong points
made by the counsel in arguing the quo
wsrranto case as reported IN the Press
and Dakotaian:
Judge Moody on the part Of the people
maintained that the governor, in the first
instance, was. by the organic act, to ap-
point time and place for holding the
first session of the legislature. He cer-
tainly must do this himself and could
not delegate it, nor could the legislature
and governor delegate the power confer
red upon them by the same vct of first
locating the capital, and no more GER
tainly could they delegate the authority
conferred by the same act to chang e
such location. No power was ever given
to anaihllate the capital, but only to re-
move it. If the commission had not
agreed the capital would certainly not
have been removed, which shows that
the power of removal was certainly as
signed by the governor and legislature to
this body of men. ....,....-
The attorney then read numerous au-
thorlties in support q his position.
Those propositions are too plain to re-
quire argument but the importance Of
this case demands the fullest investiga-
ton. Tho legislature had no authority
to delegate to the governor the power to
temporarily locate the capital and no
power certainly was in the hands Of said
assembly to temporarily locate the same.
II this law IS upheld it brings us to the
position tlIat the governor and legislative
assembly may At any time sbrogate all
their duties and powers and confer them
upon committee. ~
Bartlett Tripp then proceeded with
the discussion. He referred to still other
authorities on the question Of delegation
of power. We were in different posi-
ton from the people of state. We as
people Of territory have only such au-
thcrlty as is delegated to US by the or
ganic act and none others, while the
people of stste have all power and all
authority, controlled only by such limit
alton as they have seen fit to place upon
themselves by their constitutions. In
short we are simply and purely in the po-
sitlon of municipal corporation and our
organic act is the same IN its effect as
the charter of said corporations. The
legislative assembly and governor had no
more authority to delegate their power
than the mayor and the city council of
the city Of Yankton, or any other city,
have to delegate theirs. The only cases of
delegated authority that can be found are
those granted to municipal bodies for the
control CT local matters under municipal
and police regulations and the distinc-
tion here was found in the fact that this
authority was really not delegated, being
in reality power that has never IN this
country been surrendered by the people
80 any representative or general govern
ment. The power of local legislation in
townships &C., has been held and exer-
c,sed by the people from the earliest his
tory of this country.
Col. Villas, of Madison, Wis, counsel
for the commissioners, whose speech is
conceded to be the most mastery effort
Of agument and polished oratory ever de-
hvered in Yankten, followed in speech
of three and half hours, . condensation
Of his reply upon the question of dele
gated powers, which was the principle
point IN issue, said in substance that the
powers of the governor and legislative
assembly are not all legislative in their
character. Some of these powers are ad-
mlnistratlvc in their character. Com
missions have been appointed IN many
cases by legislative bodies for various
purposes, such as laying out roads, estab.
fishing ferries, locating railroads, etc.,
etc. That the legislature of this terrific