Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1885-03-12

ty that enacted them, but it has been
decided upon solemn agreement that
contracts or grants made by q state are
not less within the reach Of the prohibi.
tlon than the contracts and grants of
private persons. The legislature may
make contract with individuals bv
law, and when it is accepted it is equally
under the protection of the constitution,
and 1T may be laid down as q general
principle that whenever law
Is IN its own nature q
contract and absolute rights have
been vested under it, repeal of that law
cannot divest those rights or annihilate
or impair the title 80 acquired. No court
OF justice in this country" continues
Judge Story. "would be warranted in
assuming that any state legislature
possessed the power to violate and dis
regard such contract, or that such
power is 80 repugnant that the common
principles of justice and civil liberty
!urked under any grant, or ought to be
implied from any general expression of
the will of the people," (See also sec.
tions 1889, 1885. 1898, 1894 and 1857.
In my mind there is no doubt but
that this bill plainly violates the con-
stltution we Eave sworn to support.
The rule may be be hard one in some
cases and under some circumstances,
but we did not make it and we did not
enact the law which makes its applica-
tion necessary. Our only duty is to take
the case as it is and act with q solemn
regard for our oath. But it may be ask.
ed: Has the territory no power to
change the location of the capital
Undoubtedly there are certain ways by
which state can resume its sovereignty
it being IN the interest of public policy
that this shall be done, but it must do
justice before it asks justice.
There is another phase of the ques.
ton which seems important to be con-
sidered. 1t greatly adds to the difficult
provides that the property shall be dis
posed Of, the indebtedness paid and the
remaining proceeds distributed among
those who. have contributed to the
erection Of the capitol building. !
understood that the land on which the
capitol was built was decided to the terri
tory by the Northern Pacific railway
company for capital purposes only; that
con ndltion of the grant is that it shal
be devoted solely to such purposes, OF
failing to be so used shall revert tc
the grantors. This being SO the provis
ion for distribution is OF no avail fo,
there will be nothing to distibute, tn,
building being part of the realty passe
with the grounds, and the result of thi
law would be to enrich the corporation
which gave the land, while the men O
small means who were induced to sub
scribe to the fund, and some of whicl
owe large portion of their subscription
must absolutely lose everything. L
the same way the provision regardin
the payment of debts contracted by tn
commission is idle, because there will b
no assets out of which those claims ca
be llquidated. l am sure the legislator
does not desire to piace the partie
who have had no lot or part in thi
unfortunate conflict at such disadva,
tage. It seems to me apart from otht
considerations, that this agitation is q,
wise and untimely. It's inevitable resu
will be to plunge the territory int
renewed and distracting litigation
which the people are tired and weary.
rightly interpret their wishes they al
| saying to us: "Let us have fair Law
wherever they are enacted. Let /,
\ have an honest government wherever
is administered and in the name of
patient and long suffering people. let
have peace" l cannot approve the bi
i (Signed), GILBERT A. PIERCE,
Il Governor.