Union County courier. [volume] (Elk Point, Union County, D.T. [S.D.]) 187?-1913, 1885-03-18

The Governor vetoes the Bill
! Removing the Capital
to Pierre.
And Also Returns the Woman's Suff.
rage Bill Without His
Signature.
List of Trustees, Regents, and Directors
Appointed for the Territorial
Institutions.
ASSOCIATED Press,
i VETO OF THE CAPITOL REMOVAL. BIl s. s
RS BISMARCK. March 10-The Governor
vetoed the Capitol removal bill. The
following is full text of the veto;
I EXECUTIVE OFFICE, BISMARCK. d. T., March
! p lss5--To the Speaker of the House of Rep
! resentatives, Sr: ! have the honor to retu RI,
herewith House bill No, :, which has leen
4 submitted TO me for my concurrence and
approval Tnfs bill prov d S for the removal
ot the Capitol from the city of BISMARCK to
P1erre- lf there are question of eluity in
vowed in this measure will not now iii cuSs
! them. If there is something like retribu i've
Ju tce in this meas are. growing out of pa /
wrongs ei her fan led or real, | do not here
ana row con iler them. ] pass by the oues-
ton of expense and taxation in the con true
Ton OF u Tow bui ding in P.crre. pas by
the tact that %2C0.C01 worth Of prope, ty now
belonging 10 the Territory il donated by this
att TO private indiyidI ais. pass by the ale
pat ons OF impropriCty and charges of cor.
rupt on which have been made TO come TO
the consideration of the one question: SIS
{. this measure leg all" We have taken an oath
IIt H. n nf hn Trnft.
states. Section 10 of Article I. of that Con-
stitnt on pIohib t the passage of any law i'm
pairing the obi cations OF coutre cts Dos
the arran2emeht tonsumma!ci be wcen the
agents of tho lat eg Stature as W ell as ind!-
viduals, come W tn n tho Cen t tional pro
hibt ont Then more of us can tcax il if we
would, and none word break it in violation
oi our oaths if We could. In the ca O of Mills
vs.. Williams II; Ind. lo5 Justice Tensou
96RfaeSfffa ffat M Eh i there "A are J s9ai tGr
and sab CIT TT ali mes to be modified or rc.
talct, there are Others which ass mo the
nature of co ItractS and cannot be molcstcd
The Iesislature," says the learned justice,
rs not the only ptrty interested, Tor al
thou4h t has pul liz purpose to nc csomphsh,
1t cho' SIS 10 do il by the instr lmental of >
second y rty. These two pari make Il con-
tract. The Lc l. q ure FOR and in cunSiGrra-
lion o. certain labor and outl Y of pncy con
1ers upt II the party Cf the second put 1T in
powers and cap cities. The esIc tat On of
oentlt 10 inc phplc Is inc nov II = GO rs a. n
non On one side that Of expected re nuf q a.
t!on TO- the outlay on the other. 1t is a con
tract and thtr lore clrno. ba Iutdi ed,
ch"nged or anaullod without the con mt OF
bot parties"
Tho Legislature of 1853 directed Commits
on 10 sc Get n ste Tor II Cay o and declared
that in co.'s derat on OF a llr e amount rf
mon to Q paid an land To be ven sal
site hou!d become The permanent seat Gov
g mt. The W sdUn of hat law has been
I'M ch questioned, aud It is no pert of nv
drtr t. mol f. il. II is sufii lent to know
Iha5 Bismarck was chos, n: tn t 1t accey Is the
pr position made 10y authGr.Gy of the cg Ii
tune. that it "a Il the money den. n 1ded and
contributed the lard required. Taerc l. TO
all cation tn,t the " has not 90 NJ | ed wtl
the spllit and let of IFS agrt @ rent. II the
contfPcG was btt y cen the il d V. v.dIa s no one
wCu d question the b.nding ,rcc of the obli-
81; t on. Sha the rule | o chHr gnd btcluse
one of the par!e; e great Terri ory with
honor to defend and di guty t. ma'nt lin?
Such an in'eIpretat on. IN the words of the
jude above quoted. would shock public
cons ence." ''Th r. is no. one law for the
sovereign nd another for 'he subjects s." says
Judge Alien tIl; New York 5i9). -.'i3nt wi Gu
the sovCre II engage i'll bu NJ S enter pr,seS
and contracts with IN ividua the right and
obight ons of the parties must he ndi iud cd
upon The same principles as il both pal a.
were private persons. State may repudiate
its contracts; il may refuse to perfoim IN them;
but Its sovereign rigats to de { o. CT implir
them is limi eli by the fc iela al oonsttuti IN.
IL may refuse TO respond in damage. and
leave claimant without any reno ly, IS it
may refuse to pay its bonds. but the obliga-
ton remains. No legislative feat can destroy
that" Sci Dunolds vs. The State; go. New
York 36l. The Court says at has been set
tied so as TO be leyond controversy that the
Constitutional provision which denies 10 the
State the powe TO pass laws imparing the
obligations OF contracts applied to AL laws
passed within its limits. contracts made by
the State as well as contracts made by in
diyduals The sovereign can consirlie and
has many occas oDs to do SO. 1t must be
governed by the same rules of common hon
esty which binds individuals. II is true that
as snle e. tbs hae,dht tRslture Il rs @soyeregn and may
this rule has plain exception, AMI this eX-
ceptfon seems to be self without an exccp-
lion. There is no mode, says the Court, sin
case reported in 5th Mclean, l6l, by which
legislative act can be made irrepealahle eX-
cept that II assume the form and substance OF
contract. and, commencing on this Judge
Cooley says: Legislative acts are some
times in substance contracts between the
state and the party who is to derive some
right under them, and they arc not less under
the protection of the Constitution because of
having assumed that form. tSce work on-
Constitutional linltitions, 1867. The books
seem to be full of rich cases, but Judge Cooley
has laid down Il principle in his great work on
the Constitution which seems to cover the
measure under consideration entirely and
completely. Says the great commentor. tsec
Section l,3.4, Story on the Constitution1: cit
has been made question whether it
tthe Constitutional pIohibitont apples to
contracts and grants created directly by law
or made by some authorized agent in pur-
suance of law. II has teen suggested that in
such cases ii is 10 he deemed an act OF the
legislative power, and that laws are repeala.
hlc by the same authority that enacted them,
hut has been decided upon solemn agreement
that contracts or grants made by State are
not less within the reach of the prohibition
than the contracts and grants of private per-
sons. The LegislAur2 may make Il contract
with individuals by law, and when 1t is ac-
ceptcd 1t is equally under the protection Of
the Constitution and II may he laid down as
general principle that whenever a law Is in Its
own nature a contract and absolute rights
have been vested under il, a repeal of that
law cannot divcst those rights or annihilate or
inpair the title so acquired. No court or jus
ticc in this country, continues Judge Story.
would be warranted in assuming that any
state Legislature possessed the power to VIC.
lato and Disregard such Il contract, or
that such power is so reaugnant that the
common principles of justice and civil liberty
lurked under any grant. or ought to be i'm
pied from any general expression of the will
OF the people" tSee also Sections 1889, 1,3s5,
1888, 1884 and 1395.l
In my m nj there is no doubt but that this
swofn 10 support, The rule may be a hard
one iii some cases AMI under some circuIn-
stances, but we did not make ii. pui we did
not enact the law which made It's appllcat on
necessary JAR only duty is take the case as
we find Il aud act with Il solemn regard for an
oath. But it may lie asked: Has the Terri
tory ro power to change the location OF the
Capital? Undoubtedly there are certain ways
by which State can resume its sovereignty.
il beirg in tho interest of public policy that
m hl II pCh hfa-
fore it asks justice.
There another phase Of the question which
seems important u be considered 1t greatly
aGd to the difficulties surrounding this bill.
The att provides that the property ska'l be
disposed of, the Indebtedness paid, and the re.
naming proceeds stributed among those
who have contributed to the erection of the
Capitol biiild,ny. understand that the land
on which the Capitol was built was decided to
the Territory by the Northern Pacific Com
Tany for Capitol purposes only: that con
dtion OF the grant Is that 1t shall he devoted
SOLELY 10 such nllrposos. or fMi ing 10 be 10