Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1885-01-19
BOWEN = K1NasBURY. Prop'ts.

Intelligence from Bismarck of the
introduction of bills for the removal of
Dakota's capital to Pierre, though fore.
shadowed in previous kilograms, creates
a sensation in Yankton. There has
existed growing hope among our peo-
pie that the present legislature would
administer to the corruptionists of two
years ago rebuke SO pointed in its
nature that there could be no mistake
about its intent, and as the session has
shaped itself 1t has become more and
more evident that the representatives
from the south, two.thirds of the
entire body, formed solid phalanx with
aggressive tendencies. The introduce
ton, therefore, OF the removal bill,
while it occasions no surprise, furnishes
food for local excitement nearly as in
tense s,.that which surrounded the final
scenes in the capital commission act.
The selection of Pierre as the seat of
government meets with approval,
though there exists q feeling that to
completely andfully mete out retributive
justice the present legislature should
adjourn from Bismarck to Yankton and
here perform the removal act, definitely
locating the seat of government at
Pierre, or at any other place upon
which it might agree. By this
course the Legislature would completely
and fully ignore the disgraceful bargain
and sale of two years ago and give the
conspirators to understand that Dakota
forever abolishes their methods from it's
code of practice.
This is the sentimental view of the
case and will, perhaps, not be shared by
communities which feel less intensely
than ours the disgrace which attaches to
every phase and feature of the capital
commission movement. Here at the
scene OF the consummation of the iniqui.
ty we possessed opportunitiesfor compre.
hending its enormity not accorded our
neighbors, and the qualification we feel
over the efforts now being made
to undo the wrong would fill the meas
ure of our desires if those efforts coulG
shape themselves in the manner indi
Gated. Yanaton is not 9 candidate fo
capital honors and its people have n,
desire for the possession of Dakota
seat of government. But they hav
made strong fight against the con
spirators Of two years ago and would en-
|joy the fullest vindication at the hand
of the representatives of the people.
The selection of Pierre will be sur
ported by our representatives in th
Legislature and our, people will end
the acts of their representatives. IfWe
cupies central pointin south Dakot
and it is understood that this choice i
for capital for south Dakota. Pierre i
hsartily in accord with the move
ment for division, while Bismarcl
has heartily opposed it. If ther
was no other reason for the change thi
alone wonld be sufficient. We canno
afford to strengthen the hands of thos
who array themselves against the deares
desire of the people by continuing ther
in control of the political machinery {
Dakota. The remedy may seem hars
one to the people OF Bismarck, but it
frequently ece sary 10 resort to th
surgeon's knife to extermlnate cal
cerous growth.
We are given to understand that two
thirds of the members of both house
will vote for the removal bill. Th
. fear is expressed that the governc
will veto it. A two-thirds vot
would pass the bill over veto
but it is held that in this case, under th
organic act. the governor must coincid
with the legislature III the terms of II
moval act, else it does not become Law
Upon this construction of the organi
act Bismarck proposes to contest the r.
moval in the courts. It will strike til
public as something akin to an absurd
ity that Bismarck should hold that an,
thing is illegal, after accepting and 81
dorsing the proceedings which made
the temporary abiding place of Dakota
Legislature. The section of the oreani
. act upon which Bismarck bases its inter
: = tion to contest the legality of the prt
o posed law reads as follows:
= +* At the first session OF til
d legislative assembly, or as soon ther,
= after as may be deemed expedient, til
e the governor and legislative assembl
+ shall proceed to locate and establish tt
e seat of government for the territory ,
&c such place as they may think prope
e but such place shall thereafter be subje'
y to be changed by the governor and legi
y lative assembly.
e This, it is held, requires the consent,
IS the governor, and the Bismarckian col
il struction is that the passage of the bi
70 over his veto would not validate
I'd There is, however, another clause in Il
" organic act which covers this poir
as Section 1912 reads:
Every bill which has passed the legi
90 lative assembly Of any territory cha
90 before it becomes q law, be presented
~ ~ the governor. If he approve, he shl
" sign 1t, but if not, he shall return it, wi
: his objections, to that house in which
t. originated. and that house ehall eDt
the objections at large on lite journ
Re and proceed to reconsider it. If, aft
"a es such reconsideration, two thirds Of th
NJ house agree to pass the bill, it shall
ed sent, together with the objections,
sy the other house. by which it shall iii
" " vv;so ~, raconsidereH. and IL annrov