The Northern Pacific farmer. [volume] (Wadena, Minn.) 1878-1885, 1884-05-29
THB CAPITAL coar1r1ssIoN.
'Fslk In the 6xpfss1 oommfsJion 0xss md
edz8peeu1attopqn the Decision OF the
81 Count va - %.g

-sd=sp.eul.t1oa OF. tho Decision OF tho
r-cou.t ~S s -
The capital removal case was sargueq
before the full bench of the supreme
court at Yankton on the 18th, and 10TH,
on the appeal from the decision of Judge,
EdgertoR gushing the~vcommissio9 e ers
fron Office: Col: William F. Villas. for
+ shs appellants, opened the argument
and spoke four hours. ~ :1sss,:!
He xenffullyinto the matter Of dele
cation of power, with the object 81.
showing that the legislature has full
power to delegate theselection Of aper-.
manent seat of government tothe COM
mission. = He argued that congress-,
having authority under the constitution
to govern territories. hss delegated this
power to legislatures. He cited cases
where congress, having authority to
call forth militia, to raise and support
armies, grant letters of Marquee 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 mot sndelsgates their
LAW nlaking functions, they could md
diddelegate certain administrative duties
which legislatures could not convenient
y 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, appointedsc 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 a strong argument,
aiming to show that territorial legisla
tures could mot 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 ins the
same line, and he developed further
the idea that legislature could not
delegate to commissioners power which
congress delegated to > it. / John -lRf
Gamble-spoke briefly for the respond
ents. Col. Ciough spoke about thirty
minutes for appellants, making Clear
statement of the territorial capital in
the.frst instant and afterwards of re.
moving It. Col. Villas thereupon closed
He briefly touched upon points and
objections made by the respondents,
and reyiewedsthe. discussion: He adj
mitted frankly that one legislature could
not bestow upon another its law-making
functions, but could call in aid in carry
ing out a measure. The capital com.
naisieners~ 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 is
one whiohinterests the people of tbs
whole territory, as we'll as thousands
all over the country. The decision
probably will not be made inside, ofro
week. People are guessing on The reg
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 will
be sustained, while it will take all
three Of the others to reverse his de-
cisiOn,