Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1883-10-01

The friends of the capital commission
scheme are endeavoiipg tc extract some
comfort from the fact that Judge Edger.
toms decision onsting the commissioners
from Office did not in 80 many words
declare the capital commission bill to
be unconstitutional. A Bismarck re.
porter put to the judge. an inge.
nIously constructed query, jus. as
he. tthe reporter was passing out OF
car to jump from the moving tram
The question to the judge was: "Your
decision does not IN terms declare the
conetltutionality or unconstitutionality
Of the law?"
To which Judge Edgerton replied:
II presume not, from my recollection
of the language. Its effects can be seen
by reading it and any lawyer will be
able to see what is decided"
Upon the strength of this answer it is
heralded to the world that Judge Edger.
ton has declared that his decision in the
quo warranto case did not decide the
capital commission bill unconstitutional
His answer TO the question was that he
| had not announced its unconstitutional.
ty in express terms, which he could no,
well do, las Dakota has no constitution
violate. But that he declared the ac,
invalid, under the organic act (Which is
an act of congress and not constitu
tom, no lawyer familiar with the case
| will doubt. The complaint of the plain.
tliis alleged that the commission act was
invalid for the reason that. under the
provisions of the organic act of the
territory, the governor and legislature
had no authority to re-delegate to com
mittee outside the legislature the powe
delegated to them by congress; that |,
the passage OF the act the governor anc
the legislature had undertaken to re-del
egate such power and had created com
mission which had assumed to locate {
capital for Dakota; that the acts of sucl
commission and of the governor anG
legislature were invalid aud of no effect
Upon this complaint the court decides
1t is therefore, on motion of said dis
trict attorney and said attorneys for th,
plaintiff, ordered and adJudged tina
said defendants and each of them be ant
they ale hereby forever ousted and ex
cluded from said Office of commissioner
mentioned in said act in tie complain
described and from all franchises ant
privileges named, enumerated, or IN
cluded therein.
| The judgment OF the court, when takel
in connection with the complaint an,
argument Of the plaintiff, clearly decide
the invalidity of the act-decides that i
aud the capital commission were create
in violation of the organic act of the tel
ritory. This the attorneys in the cas-
do not question, though the reporters {
Bismarck seem inclined to lay muc
stress upon technical construction {
language. The judgment holds goot
unless it should be reversed, whatsvt
view the newspapers may take of I'll
question.
There is another point which has bee
commented upon unfavorably by tt
newspaper adherents of the capital cor
mission gang, and that is the delay in pr
mitigating the judgment of the coul
. This judgment was placed upon Il
records Of the court on the 9th
August, and was not made public unit
the 18th of September. This delay o
Cured through the courtesy of the q
torneys, for the plaintiff, who, at the r
quest of an attorney for the defendan
consented to keep still about the resu
until after the corner stone ceremoni
at Bismarck. The Northern Pacific ra
road company had arranged for the {
tendance on that occasion of lar
number of notables, and didn't wa
their little affair damaged by cou
edict which declared the procee
ings to be of no effect, and the circus
mere diversion into which great m
had been inveigled. Still, during ii
interim, the judgment was matter
d record and could have been seen by 9
plioation TO the clerk of court.
Washington, Sept. 2S-The secrets