Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1884-10-29


that state legislatures have the right to
create towns aud counties and confer
upon them the powers of local govern
ment, our learned judge is free to con.
cede that "the analogy" in this ease il
"by no means complete" But-aRaini
ssyg Judge Ohurch, cha relations. b..
twssn ths territories and the gensrsi
government may indeed be said TO be
sui generic, having no complete analogy
IN any other political organizations"
81; generss, indeed, and Mr. Justice
Charch proposes to determine for him.
self as to what those peculiar relations
will justify on the part of the Legislative
assembly, no matter how the organic act
may read. He has no scrupies about
coming. all unaided by either analogy
or authority that 10 right to the point,
to the weighty conclusion "that the
power reposed in congress to make need.
full rales and regulations for the govern
ment OF the territories comes fairly with.
IN the scope of those administrative
functions OF legislative bodies which is
generally conceded they may either ex-
ercise themselves 10 detail or by statutes
containing general provislons only" and
that "slnce the lnvestiture of the terri
torial Legislatures with legislative
powers is general in its terms, extending
to all rightful subjects of legislation, We
think this is to be regarded as delega-
tion of authority in the same. general
sense only in which the powers Of con.
gress are considered to be delegated to
it BY the people, and that such powers
are, within their proper scope, to be ex-
creased in the same manner as like
powers may be exercised by other legis-
latlve bodies, state or national"
The necessity for changing the seat of
government is ,dwelt upon by Judge
Church, who. after speaking of the rapid
settlement of Dakota since twenty years
ago, says: "Yankton, once the practical
center of population, has become, to far
the greater part of the new population,
remote and inconvenient of access"
AS to the mode of re-location Of the
capital, Judge Church warmly defends
the scheme of commission appointed
for the purpose, on the score of expedi.
ency.
"Manifestly," he says, lit would be
impossible for legislative assembly,"
meeting once in two years Tor session
OF but sixty days, and convened from a
territory about 400 miles square, sin the
midst of many other pressing duties, to
make intelligent choice of location for
the seat of government"
1t is highly edifying spectacle this
supreme court judge, in the majority
opinion of the court, not content with
simply upholding the legality of the
capital commission act, but actually
rushing to the defense of the Hon. Alex.
Mckenzie and MIR. N. G. Ordway.
Perhaps it was thought to be neces.
sary, this attemptiat e1oneration, as to
motive nd method, of the syndicate of
speculators, who have finally removed
the capital from Yankton to Bismarck.
1t would certainly seem 30, when it is
considered that, taking Dakota territory
as whole. in the ratio of their nearness
to the center of population and conven-
lence OF access by existing lines Of rail-
way, Yankton is to Bismarck about as
6ve-is to one.
ls it out of the question to seek CEN
trail or proper location for the capital of
ail Dakota above the forty-sixth parallel.
1t belongs to the south. It would never
remain north, and without regard to the
final adjudication of the capital commits.
sion case in the courts, it would be 9
most unfortunate thing for the enter.
prising and thriving young city of Bis
marck should Dakota fail to secure divi
sion at reasonably early date.
Divide Dakota, and Bismarck can
have her capitol buildings completed
without the donation by her citizens Of
another dollar.
From the opinion Of the majority of the
court Chief Justice Edgerton dissents
It is street talk that Mckenzie anG
Ordway were not disappointed in Judge
Church and Judge Palmer and the othel
judge.
Nor have the people of Dakota beer
disappointed in Judge Edgerton. Their,
he stands, like stone WALL" Is it no
60?
After statement of the case, and o
the relation of the territory to the gen
eral government, the chief justice says
Il am unable to see that this case neces
sarily involves the discussion of an,
serious constitutional question. Witt
great respect for the majority of tn
court. and for the learned judge who 8
elaborately discusses grave constitution
al questions in the majority opinion, i
seems to me the proposition is so plai
and elementary, and the questions lead
ing up to the principal question s
thoroughly settled by judicial decision
and SO uncontested by text-writers, ther
is very little chance for discussion"
The maxim, "Delegata potestas non delt
gdri," is fundamental principle c
law that ought to be familiar to th
student of Cooley, who is quoted b
Judge Edgerton as follows: "One {
the settled maxims In constitutional la,
is that the power conferred upon til
Legislature to make laws, can not