Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1883-10-01
JUDGE EDGER1os MIsaEpssses1eo.
The Decision Practically Knocks III. Whole
Commission scheme in the Head.

The Decision Practically Knock. the Whole
Commission scheme in the Head.
Sioux Palls Press
A. bismarck dispatch to the st. Paul
Pioneer. Press seeks to extract from an
interview with Judge Edgerton some
comfort FOR the capital removers. Judge
Edgerton said that in his decision he
merely held that the commissioners were
Informally appointed. and that he had
not specifically decided, either one way
or the other on the constitutionality of
the capital bill. Even without making
any allowance for the distortion which
the statements which Judge Edgerton
have undergone, in their reproduction
III bismarck dispatch, still those dis
torted statements do not by any means
furnish anything like solid comfort
for the capital gang. In the first
place, the case as brought before
the court by the pleadings wac
simply for the ousting of the commits.
sloners, and for that alone, and the 1ecis
ION OF the conft WAS properly with ref.
erence to that point alone. and could not
have embraced any other point without
thus rendering it technically invalid
aud subject to reversal therefor upon ap.
peal to the supreme court. judicial
decision, in order to "bold water" must
refer only to those points presented by
the pleadings for adjudication. But how
many times will it be necessary to reit.
crate the argument that Judge Edger.
toms decision practically if not in spe-
clfc terms knocks the whole capital re-
moval scheme in the head? However
let the case be once more stated. The or
ganic act, which is the fundamental
law OF the territory, and bears the
same relation thereto that q con.
stitution does to state, SAYS:
But such place Originally designated
as the seat of government shall there
after be subject to be changed by the
governor aud legislative assembly
Now nobody would deny that the gov.
ernor and the legislative assembly could
'.change" the capital by designating
some other place than Yankton as the
seat of government; and nobody can
candidly question the position that such
definite designation OF some other place
after cancellation of the original loca.
ton, Is the only method for such
''change" contemplated by the law. and
the Only method which has any foun-
dation IN reason aud common sense
Inc idei that repeal of that section
OF the code locating the capital at Yank.
ton, amounts to the change con.
templated by the organic law, il
preposterous and absurd, and no honest
governor or attorney general or othel
person would ever put such construction
upon the provisions OF the act. 1t ii
necessary for "change," not only thai
the location at one point be Cancelled, bu,
that some other location be definitel,
designated. There are two steps neces
sary. Neither by itself is sufficient. Tt
have located the capital at Bismarcl
without canceling the location at Yank
ton, if such thing were possible, woul,
not have been the change contemplate,
by the law. To cancel the loca
ton at Yankton without designai
ing some other place is likewis
impossible. Now the gang attempte,
to take both steps. They took one @
them in manner which would hav
been valid if the other had been legal,
taken, but the second they undertook t,
take by a method which the iudicia
authority declares to be void and of n
effect. The whole operation is therefor
VOID. unquestionably. 1t seems to U
that nothing can be palmer than thi
and that the different construction pr
upon the case by Ordway. Hughes 6 G,
if actuated by deceit,and is an attempte
evasion of the law, and is unquestionabl
Tor corrupt purpose.