Reporter and farmer. [volume] (Webster, Day County, Dakota [S.D.]) 188?-1946, 1884-09-25
THE eiPIFAL QUESTION.
Decision OF the Supreme Court OF
the Territory, Affirming the
coustitutionalit5 ofths Acs
Creating the Capital
Commission \
The Decree Prepared by JuGse chureh'
ana Chief Justacs Edgerton's Dissent
d. 0,sfrfou. Covering all Points.

&1A
snq o,,anior, Covering all Points.
y,nkton ,Ak Spscix Telegram. Sept 80
This murnTlig Judge Eagerson opened me VET
rssor,sl supreme cgars foE Ae Pcrpasse 81 alag
"a. aua,saa as the different justices 90 asses
argued al he last tarm The naosi mPof'Ani
vas she cciehrNsed sApdtai susahlfsssoa easts "
xh3,s rpirss HudsoD, Church aaa Palmer NJ
rer-ea Judge Eslgertohis decasson sEa aseiAFsA
De law a good and valid ooa The optnh'afo
he majority xAs prepared by Judge thaFoa
and J. an ntere@Gag document covering SHY
-. e.n Jaags Church says
~ ymT.rtsnrs sd tho case and great interest,"
fsst III II - az sections u the territory, eansed
him 10 20 into the matter fully and maze ~
ouInion on the majority 80 clear hatu ae popg ~
m;nA would readily understand n sudes Ed
gsT.,r. d,sSeutsuF opsuiou l. mot quite 80 i0ag,
trut + a strong papsr, Aad we'll represents NE
r~espsndeuts view cf the casa Both opaiieas
nnS well feynhsd With references 30 connfh
yaYl1us roipts made While these Opinions
are hTereut IN form from the aFg7imen OF we
respective attorneys, they arr much te same
in substance, and ia running lien psg5 =,
reader Is fOrsibly reminded Of the brilliant
arguments made by Col Villas for the sppetant
aud Moody, Tripp and Gallagher for we re-
spoadeut Judge Church first defines NC ~
lsion n a TERRITORY 70 the general government
and the general power Of the territorial legs
lature under the organic act, and Then dls-
eusses the provision made 10 TIE organic Ac'
for changing the lOesilon OF The seat OF govern
ment
The organic act provides q temporary seat OF
government. vests Legislative power IN the
governor and legislative assembly, and q.
tead, sueh power over all rigbtful subjects Of
legislation. Recognizing that the center OF
n..wAH z4fFF .44fT-
gress wisely provided that the seat vt govern
nlent after having been located, was stll u
Jet 10 change by the governor and Legislative
assembly. IL is admitted, therefore, that the
location could be changed had tie place been
named in the bil: but the change made by the
new cOmPissioners u objected 70 on the
ground OF the delegation Of delegated pow
en-. The territory i large, and the session Of
he legislature lmnitsd 10 sixty days IL was
therefore inexpedient for the legislature, either
in a body or by co1amittee, % select . new 10.
cation As is power extended over anrighEful
subjects Of Legislation, and a. the fun scope
and purpa Ts 81 pertinent seo!...s OF the he
used Ststn ies Of congress was TO delegate TO
the people OF the territory power to legis'a'9
upon matters pertaining 10 their own fcaai
self -goyernment-pDwers which, by the way,
the people hadfirsi delegated 70 congress-the
passage OF the capital removal bill cannot be
regarded as an enlargement OF the general leg
islatiye power conferred
References we're gwen showing how capitals
Of states and territories and county seats had
been located and how congress had delegated
10 the president OF the United States authority
20 raise armies, grant letters of marque and TO
prisal, borrow money and 70 do other acts OF a
similar nature.
@Bnt this" saws the nudge, cannot be con
silered q case OF delegated authority as il was
complete The law as passed merely provided
agents 20 perform certain administrative acts
which the Legislature could not itself conyen-
ieutly perform. In regard 70 the objection
that the commission having been named IN the
ball had not been regularly appointed, it was
enough 10 say that the commissioners were not
strictly officers. Their duties were specific and
limited Having performed the work designated
they ceased to be IN office"
THE CHIEF JUSTICES DISSENT.
From Judge Chureh,s opinion Chief Justice
Edgerton dissents. He saws he u unable TO
see that the case nessasily involves a Discus
sion of any serious constitutional question 10
him the proposition seems so plain, so elemen-
tary and the questions leading up 10 the princi-
pal question so thoroughly settled by judicial
decisions and so uncontrolled by text writers,
there is very little chance for discussion
The question is not as to the power of con
gress over the subject, but having delegated
this power 10 select and establish and change
the seat Of government 70 the governor ana
Legislative assembly, the question Is, - thcre
any implied authority in those tribunals 10
again delegate this duty to any other tribunal,
body or persons.
The chief juatiee then proceeds at some length
70 show that in the passage OF the capital bull
such delegation of power was made, and that
thcres!as ne-aaths0HitF feF-s0 deiRg &A~ar-
gued that the bill as passed was not OF itself a
perfect law, as no change could be made until
The commissioners had decided upon SOME tlace
as the future capital, thus clearly exercising
power delegated TO the governor and legisls
tive assembly that the commissioners were APP
pointed for the purpose Of doing that very thing
which was essential and absolutely requisite 10
effect a change in the seat OF government
Undoubtedly he says, ''this was c6nferring
npon these defendants powers which required
the exercise of discretion Of judgment, OF wis.
dom, of patriotism, and il was putting upon
them the performance Of duties expressly en-
joined upon the governor and Legislative assem-.
bly."
The chief justice then discusses fully the
question of delegated powers, after which ht
takes up various cases OF location OF capitals OF
states and territories, which he maintains ar,
not parallel TO the Gaze. From the whoI,
case he concludes that said act of the terri
torial legislature was unwarranted and invalid
and that the judgment Of the district cour
should stand. These two papers were lotl
ably prepared and bound 30 attract wide at
%tention. The case seems 10 have two sides and
each side has strong advocates.