Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1883-09-21
Opiuions Pro and Con on Judge Edger.
TOMS Decision.

VpAulOHS ITO ana ION OH Juuse EuseT
TONS Decision.
A well written and logical editorial il
the Mandan Pioneer contains the follow.
ing suggestive and strong points:
eff The law creating the commission /!
not legal, it IS to he hoped that those
having The control of our territorial gov.
ernmenL Will not act IN ull-hcaded
fashion and affect to set the Jaw at def
ance If the officials disregard or show
Il disposition TO disregard he decisions
OF the courts, the people are likely tc
disregard them also. 1t is urged by some
that since the legislature met Dakota has
had no capital. AS a matter of fact the
Legislature had no power to rcmnvc the
capital without relocating it, Congress
gives the legislature and the governor
power to change the capital, but not 10
abolish it. The law passed last year
removing it from Yank,on without
changing it to some other point IS yold
and the governor will find II so, however
he may try to bluff the lawyers who up
hold Judge EdgertOn's decision. The
decislon Of Judge Edgerton is as binding
on all officers as if rendered by the su-
preme court until it is reversed by then ~
The Huron Times says nf the decision:
"The position taken by Chief Justice
Edgcrton in his important decision in the
capital commission quo warrato case can
hardly be considered surprising. While
It is true that many communities pinned
their faith to the commission law and
solicited its favors, it IS also certain that
but few really believed IN the soundness
Of the doctrine that the legislature is
superior 10 the olganlc act ana can dele
gate lis powers when such delegation is
not provided tor by that instrument 1t
was more & hope that the decision would
receive general assent than strong be-
lief in The legality of its creation that
brought SO many candidates INTO the late
contest for The fruit that has just turned
t. ashes on the lips of Bismarck
The Grand Forks Plandea!er IS rather
ungencrous IN the following crlticlsm:
"Judge Edgerton has decided against
The capital commission, as was expected
hy al! the friends of that measure. Judge
Eugcrlon is under the control of the
Iankton ring and would not decide
against them. The judge thinks he SEE
in The future state C) of Dakota south OF
The 4G!h parallel, something in the pnlitl-
cal line that will repay HIM for giving up
the senate ,orship in MInnes sofa to William
Window. The case will now go TO the
supreme court of the United States and
Judge Edgerton's decision will no doubt
be reversed
The Press and Dakotaian, at Yankton,
says:
lin his decision Judge E1gcrton has
fully sustained the verdict OF the people.
that the legislature, acting itself under
delegated power, could not re-dele2atc
that power 10 a committee of citizens and
that, under the organic act, it could not
nominate and confirm nine territorial Of
tcials. The Judge has given the sub
incd all the authorities upon the subject,
enti,e capital commission business was
illegal from its inception down to the
laying of the csrneT stone at Bismarck. -
In an editorial on tie subject the Grand
Forks Herald says:
Considering the CRAFTY Of the question
Notwithstanding as it did, not merely
the practical issue under consideration,
hut the public policy of the 1crrilcry, a
burning question which occupied the
public. mind above all othcrs-we have
the right TO suppose that Judge Edgert on
d d not pronounce upon matter of such
vital importance, without consultation
with his brother judges, and we may
safely assume that his decision is practi-
cally and 10 all intcAts and purposes that
Of the supreme court. While the deci-
sion Of Judge Edgerton is not as it stands
final, IT is reasonable 10 suppose that it
will be made so, not only because it is
based on the principles of law, Justice
and equity, hut because it has the frmer
basis of voicing the popular will. We
see 1t stated in the opinions from the
Bismarck papers we have heretofore
given, and so far as we have been able to
find, the Fargo papers have not expressed
any opinion upon the subject one way or
the other.
Will: the Alert has its own opinion
upon the effect OF the decision, and has
freely expressed it, we desire to give our
readers that of other journals whether
they agree with ours or not. So TAR as
have yet come to band, the Bismarck pa
pers and Grand Forks Plalndealer arc the
only ones that seem disposed TO ignore
the decision of the court.