The Kimball graphic. (Kimball, Brule County, Dakota [S.D.]) 1883-1905, 1885-03-20


~, " I1oe' neo. ~.
The civ ~ Vanrtnn en suend;ina the
charter OF Jamestown relating 10 the
election of q board of education; establishing q
coue OF proceedings or Justices courts; supple
uia a W chaplsI 90; po,lsicai coue, pro-
ofHcals and 1ba io :. =, county
seats; providing for planting forest trees on
prairies amending section 236, code Of civil pro-
cedure; establishing an Independent. school dis
sa = q ~ moont 3 KEY MOODY county; alnenaine
l. chan ID Sneci,i TaGs ~ IS;sa. nravan, i ins
the spread of noxious weeds: amendtnr SEQ. los.
Political Code; amending sec. 4. chap. 8, Political
eoue' amending chap. 30, laws OF 1879; author
sa,tR ene COMMISSIONER OF lawrence county 70
Hill fran .,,rer ~ tha sod; ~ onn+s ssta hi9sh,nS
IN asylum for the bind ut ipswich.
-
1ovefnoF fiesce's veto OF the TERRITORIAL
Capital &enoval Bill.
Executive Office. Bismarck. Oak. March 9.
lSS5.-To the Speaker of the House of Represen-
~satives: Sir-.I have the honor to return here
with House Bill No. =. which has been submitted
me for nv concurrence and annroval This hin
provides for the removal at the canita, from the
city of Bismarck to the CITY Of pierre. r. there
= cros,jo,s -, annitw i..aiua, =. iii
: s,, I'M y, eaui's nsoaseu IN 'l's 1neasure
WAL no1 ~" DISCUSS them- II tnere
Is something like retributive Justice In this
uAc0cu1S loWiu OuO VI phSG WIOHSS, elLQcI l8u
ried or real, 1 do not here and now consider
them. / pass by the, opestion of exnense and
t~axation in the cor Instruction. -, MAJ. h,,IIdi,cs IN
VI cohstiuc'loh OK new pulluiHgs IN
tler1e. l pass by the fact that goo. 600 worth
Oh property now belonging to the territory Is
donated by this act to private individuals, 1 pass
by all aIleyatjons of innronr,etv ami charges of
.orruntion which NAV have hesn n,a,s 70 coma
TO the consideration of tho one Question. To
this measure icpalp We have all taken mn oath
to support the constitution of the limited states
section 10 Of article 1 of that constitution nro.
hibits the nassape NJ anv law imn,irinu
THE onIIc .r1oN on coNrp lotto
Ia the arrangement cors.mmated hetwee,
agents of the last legislature and The c,ty of ria
marck a contract In the meanino ~ this sect;on,
II 1t is, and If legislatures az well as individuals
some in the cnn stftntInpa, nrohihition than
uone of ms could break II If we would md nome
If us would break it in violation of our oaths n
ge could. In the case Of Nills va Williams ~
red. los. Justice Pearson declares that while
there = s,n,a nr,n+s 80 r,snsa -. 10 "a" ...,s
oi inc LEGISLATURE, and subject at all times to be
modified or repealed, there are others which as
the nature of contracts and cannot he
molested.
"rhe legislature" says the learned justice. "is
not the only party Interested, for although it
has a public purpose to accomplish 1t chooses
to do 1t by the tnstrumentality Of a second
party. These Two parties make a contract. INC
q, U luC III consideration 0y
and outlay of money, confers on the party
Of the second part certain powers and capacities.
The expectation Of benefit to the public is the
moving consideration on one side: that OF ex-
pectcd remuneration for the outlay on the
II Is a contract, and, therefore, cannot be
modified, changed or amended without the con-
sent Of both parties"
The legislature Of 1899 directed a comm,s.
,Ior n .e,o,+ . eI.o ~ = o.a;.si -. -,
~. ~ 'aptsoi' ano "eoiafea
ehec IN consideration OF a large amount OF
money to be paid and land to be given, such a
site should become the permanent seat of gov
eminent, The wisdom of that law has been
,rootionod ond n 10 M, - IL. ...s =.
auostiousu, Il y. Is noe my uutS TO Modl1y. 70
,ustH! OF ueiehu H. Ii rs snifclent to know that
Bismarck was chosen: that it accepts the propo-
sition made by authority of the legislature:
that it paid the money demanded ami count
hnted tho I,nd roaMiro, NJ =" iu
+ heIiasa .hat .ha aa wy. -. mere "a ~ NO aiiegaslon,
! peiiese, thAt tne CITY mas not complied with
the spirit and letter of its agreement. If tho
were between individuals no one would
question the binding force a, the ohtection fnr n
moment Shall the rnle he chnn,aS 1890 = - !, a
~ the nsrti Ia. i, . |. az nraa. . via q u pecause one
desend md digni,y 70 ,najntoiso 9 honof 70
in the words IF tho ND. ." n,aro
onated swnnId - ot' u VIC 1uoKe aoose
H
NJ. H. the fosLio CONSCIENCE
mere IS not one law for the SOVEREIGN and
Sno y ! at tor tne suo}ect, saws judge Allen "a
y. T., otol' puI WHEN me sovereign engages IN
business enteIpf1ses ana contracts with lndiv1d-
uals. the rights and obligations of the parties
mus DC aaluasea on the same principles as II
!epudiate It's contracts. It may refuse to per,
n mem, ou. us sovereisn right to destroy or
IN, atnpair r h ZEN Is limited ny tne federal constitu,
Siol. ! = may reiuse 10 respond IN damages and
lease acialiaant ~ltiout any remedy, US II may
relase TO pay lts ponds: bnt the obligation re.
yam NJ iegis,atlve nat can destroy that
2 Z u State, oV N. l., Sou.i Inc
SAYS: tInas osen serted 50 as 70 be beyond
ohisiosoiss e.ias Lue cohsututlonal provision
mn 4. ugnles 70 a state power to pass laws I'm,
lG VILE I'll DDlIG L0 Al
NV tIms si pass : . waIhl y us iiinits, contracts MADE by
nnla. oa ahs ssve fo sa 50 can i contract m t t. a and has
~ ehS -, sa,ne ru.es OF common honesty which
Int naL = - ! ~ u IS true ohat as a RUE the
abniisn tie he as . s9geselgn anu may moaily or
tas e pam eAcepIlon ana TINS exception seems
~ pe itse I'll ~l'nouo an exception. There
reported in 9Th 's Mecleae. o 9sI IN INV a wS Sase
sb 'eei q act can ee made irrepealablc except
cnntra az assume nme Inc FORM ana substance OF q
CooIe~ savs and ai,s eommensln asts on !. TINS, an Judge
in substance contracts between the state and
ths pa.Iy VINO is 70 derive some right under
tecttinn a ns t iMe co are !, not ~ .me less Tess anaeI inc pro-
sec1ioh oI .ne constitution because OF having q
;ulnsd that FORM. !!See work on constitutional
such cases, but Judge Cooley has laid down a
principle in his great work on the constitution
which
SEEMS TO COVER TIE MEASURE
under consideration, entirely and completely.
Says the great commentator, section l,374,
oto.s On .ns oohstitutioa: " mas oeen made
hihi,inni an Mhsan " ~ non ,.ne consSisutlona. pro,
directIv nv law y W. ~ n,ada hy "n snn nsanIs Gle ~
aaenn N n,rs anno nS law y r. to he. I WI
vestsd that in snch csaea e. 10 ~ ~ ha aaenad sug.
sct ep the , en snoaU Eases ne, ! ~ NC, : oe th aeem n1 an
are are r y. bu u. ap pem avsb "nu ' ,ma al, iaws
them Rnt r. ha n haen daciIeT' VIA, endo.ea
that that controc1s or rran up mnds soihenrnnn
hj,inr " tIan cant y tsn VA Ins ,eacn = she prom
snns T'ha 1so,aJatn ra M nv :, s ~ 70 ~ a.ivaSe pGT-
Individuals by law. and w vbe,fao i wii n
aectInn - tha 1 o anoer Ihe pro
laid Gnwn a . ! eeneraI nrinnirI. sn u = may oe
law il IN n it, own natnre !. ] non,ra eanv Mneneyera
rights have vested under II. a r rens1i Of t tba ti law