Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1885-03-10

Governor Pierce has vetoed the bill
providing for the removaIof the capital
from Bismarck to Pierce. This il not
altogether unexpeotedsdat the reasons
assigned are quite novS Ind will create
no little surprise and poSsibly some in
dignation, throughout pakota. The as
sumption that the capilAl7 commission
has irrevocsbly fixed the capital of De-
kota at Bismarck-that u has contracted
to maintain it therss all time is
something that Ath oab sanguine
of the capital comanission ring
have never dreamed Of. II our
special telegram report tho governor
correctly then his ezalenoy must
assume that the Legislature Of Dakota or
it's creature the capital spmmission, has
annulled the following section af The.
orgnaic act: ~. sasssss
sand at the first session Of the lsgis-
lative assembly, or as non; thereafter %
it may be deemed exp1dient, the COVER
nor and legislative assembly shall pro-
ceed to locate and establish the seat of
government for the territory at such
place as they may think proper; but
such place SHALL THRRRkTTER BE SUB
JEcT TO BE CHANGED RYsTHE GOVERNOR
AND LEaIsLAT1vR ASSEMBLY, a
Next in order we have Governor
Pierce's Yankton speech published else
where to-day, wherein his excellency
takes occasion to define his own posit5qn
upon the capital question, using the fol-
lowing language
I'm few months the. legislature will
assemble and the people will have an
opportunity to make their wishes known
in this matter"
I must act solely on what I find before
me, upon the law ns it stands, until al.
tered BY the Legislature a. o. the !. courts.
stood that 1 have no plans to push OR
THEORIES TO ADVANCE against any COM
petent authority which may direct me
to modify or reverse my action. l am
the subject of the law. LET THE LAW AMI
THE PEOPLE WHO MAKE THE LAW EXPRESS
CLEARLY WHAT THEY REQUIRE NE TO Dc
AND SHALL CHEERFULLY OBEY"
| From these remarks of the governor i
would seem that the people had righ
to expect that he would not interpos.
the veto power to prevent removal O
the capital especially by a legislature
chosen to represent the sentiments o
the people with regard to that issue, TO
it cannot be denied that the election Q
the present legislatnie Y6e an open an
undisguised rebuke to the capital com
mission and its action in selecting Bis
marck as the seat of government.
In view of the provisions of the organic
act it would seem that the premise
assumed by the governor are who'll,
wrong and untenable; and that SO far a
the location Of the capital is concerne
the present governor and legislativ
assembly have all the authority tha
any of their predecessors have enjoyed
This legislative assembly cannot bin
the next in this matter, nor OF
they bound by the action of th
last; but the veto assumes that th
seat of government of Dakota has bee
purchased by railway corporation
partnership with q townsite compan,
and SO far as its location is col
cerned the legislative power has 4
further authority in the matter.
VI When this question was pending b
fore the supreme court of the territol
the reasons urged by the governor wei
not even limited at BY the learned an
j, able attorney who argued the questlo
in behalf of the capital commission, NJ
was the decision of the court influence
in the least by considerations of th
character.
1t is to be deplored that no bett.
grounds for the executive veto could
discovered. The objections seem alt
gether artificial. and based upon sue
premises will only tend to prolong Il
difficulties that have stood in the way
Dakotas prosperity for the past tv