Reporter and farmer. [volume] (Webster, Day County, Dakota [S.D.]) 188?-1946, 1884-05-29
rEE CAPITAL cosEx1asror.

~
talk IN the Capital CommAssaon Gas. rna
ea-spscuiatton on the nseasaon Of ~
Court
The capitol removal case was arrued
before the full bench Of the mnran.
court at Yankton on the 10th, and 10th
on the appeal from the decision Of fudge
Edgerton ousting the commissioner
from Office. Col. William +. Villas. for
the appellants, opened the argument
and spoke four hours.
He went fully into the matter Of della.
cation of power, with the object ii
showing that the Legislature has full
power to delegate the selection OF a nor.
nianent seat of government to the com.
mission. He argued that copgrass
having authority under the Constitution
to govern territories, has delegated tina
power TO Legislatures. lie cited casss
where congress, having authority q
call forth militia, to raise and s,nnars
armies, grant letters OF Maroue and
reprisal to borrow money and to do 9TH.
erthings, and delegated this power to m
president. He then argued that, wbile
legislatures could not delegate THAR
law-making functions, they could and
did delegate certain administrative duties
which legislatures could not convenient.
ly attend to-. Then by citing freely
from cases of which, he said, there were
over ten hundred, he aimed to show tAa.
state and territorial legislatures had
passed bills, appointed commissions for
locating county seats, and that the prip.
ciples involved were exactly similar q
the one involved in this case. He then
referred to the location of the capitals q
Montana, Colorado, Iowa, Illinois and
Nebraska rs in point.
Judge Moody opened for the respon.
! dents, and made a strong argument.
aiming to show that territorial legisIa.
lures could not delegate power that
was delegated TO them, and claimed
that the ~precedents of the appellants
we're not in point, as no similar case
was ever before the courts hitherto.
Mr.. Trip began his argument in the
same line, and he developed further
the idea that a Legislature could NOT
delegate to commissioners power which
congress delegated 10 ii. John R
Gamble spoke briefly for the respond
ents. Col. Clough spoke about thirty
minutes for appellants, making o clear
statement Of the territorial capital IN
the first instant and afterwards Of re
moving it. Col. Villas thereupon closed
he case.
He briefly touched upon points and
objections made by the respondent,
and reviewed the discussion. He aa.
mitted frankly that one Legislature could
not bestow upon another its law making
functions, but could call in aidin carr.
ing out q measure. The capital CON
misioners did not remove the capital
That was fully done when the legisls
ture could not itself conveniently per
form.
Both sides CT the question wereargued
with skill and ability. The questions
one which interests the people Of ts I
whole territory, as well as Thousand
all over the country. The deeisin
probably will not be made inside ola
week. People are guessing on the r.
suit. Many Yankton people are san
guine that the capital will stay, Though
few venture to say how the differeni
judges will decide. If Edgerton ca
get the agreement of one judge he VII
be sustained, while ii will take al
three of the others TO reverse his Do
cision.