The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1884-05-30

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The capital removal eass W. sargssd
bsiors Tie full bsuch Of ~ suptsue
court at Yankton on The 16th, and 1etA.,
On the sppeal from the decision ofJudgs
Edgsston ousting the commissioners
from oa,ce. Col. William F. villas, for
the appellants. opened the argument
and spoke four hours.
He went fully into the matter Of dele.
cation Of power, with the object Of
showing that the Legislature has full
power TO delegate the selection Of . per-
manent seat OF government to the COM
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.
or things, and delegated this power to the
president. He then argued that, while
legislatures could not delegate their
law-msking 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 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
referred to the location of the capitals OF
Montana, Colorado, Iowa, Illinois and
Nebraska rs in point.
Judge Moody opened for the respon-
dents, and made 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
were not in point, az no similar case
was ever before the conrta hitherto.
Mr.. Trip began his argument in the
same line, and he developed further
the idea that legislature could NOT
delegate to commissioners power which
congress delegated to il. John r.
Gamble spoke briefly for the respond
ents. Col. Clough spoke about thirty
minutes for appellants, making 0 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 respondents,
and reviewed the discussion. He 3D.
mitted frankly that one legislature could
not bestow upon another its law-making
functions, but could call in aid in carry.
ing out 9 measure. The capital com.
misioners did not remove the capital.
That was fully done when the legisla.
ture could not itself conveniently per-
form.
Both sides Of the question were argued
with skill and ability. The question il
one which interests the people Of the
whole territory, as we'll as thousande
all over the country. The decision
probably will not be made inside Of .
week. People are guessing on the re-.
suit. Many Yankton people are san.
guine that tue capital will stay, though
few venture to say how the different
judges will decide. II Edgerton can
get the agreement of one Judge he will
be sustained, while it will take alb
three Of the others to reverse his de-.
cision.