The Warner weekly sun. (Warner, Brown Co., Dakota [S.D.]) 1883-1885, 1884-05-30

Talk in the Capital Commi.ssca Case Hnas
ed-spsonlation ON thu rscisSOn OF tho
Court
The capital removal case was argued
before the full bench Of the supreme
court at Yankten on the 18th, and 18th
ON the appeal from the decision ofJudge
Edgerton ousting the commissioners
from Office. Col. William T.. Villas, for
the appellants, opened the argument
and spokr four hours.
He went fully into the master of dele
cation of power, with the object Of
showing that the Legislature has full
power to delegate the selection OF aper-
manent seat of government to the ccm-
mission. He argued that congress,
having authority under the constitution
to govern territories, has delegated this
power to legislatures. He cited cases
where congress, having authority to
call forth militia, to raise and support
armies, grant letters of Marque and
reprisal, TO borrow money and to do 9TH
erthings, and delegated this powertothe
president. He then argued that, while
legislatures could not delegate their
law-making functions, they could and
did delegate certain administrative duties
which legislatures could not convenient
" attend to. Then by citing freely
from cases Of which, he said, there were
over ten hundred, he aimed to show that
state and territorial legislatures had
passed bills, appointed commissions for
locating county seats, and that the prin-
ciples involved were exactly similar to
the one involved in this case. He then
reffered to the location of the capitals of
Montana, Colorado, Iowa, Illinois and
Nebraska rs III point.
Judge Moody opened for the respon-
dents, and made a strong argument,
aiming to show that territorial legisla-
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 to it. John Il.
Gamble spoke briefly for the respond
ents. Col. Clough spoke abort thirty
minutes for appellants, making y clear
statement Of the territorial capital in
the first instant and afterwards of re-
moving it. Col. Villas hereupon closed
the case.
He briefly touched upon points and
objections made by the respondents,
and reviewed the discussion. He adj
mitted frankly that one legislature could
not bestow upon another its law-making
functions, but could call in a~idinzearry-
ing out a measure. The capital com
misioners did no. remove the capital.
That was fully done when the Iegisla-
ture could not itself conveniently per-
form.
Both sides of the question We're argued
with skill and ability. The question is
one which interests the people of the
whole territory, as we'll as thousands
all over the country. The decision
probably will not be made inside Of q
week. People are guessing on the re-
suit. Many Yankton people are san
guine that the capital will stay. though
few venture to say how the different
judges will decide. If Edgerton can
get the agreement Of one judge he viii
be sustained, while it viii tase all
three of the others ~to.revarse his de-
cision.