Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1885-09-18

Francis will grant the mandamus and it
is further believed that the supreme
courts of the territory and of the United
States would sustain him. This belief
is based upon past decisions involving
the same points.
Territorial warrants to the amount of
about $4,000 were Issued, payable from
the capitol building fund. There is no
money in that fund, but the warrants
are being turned in for taxes by county
treasurers. Alexander Hughes, presi-
dent of the capital commission, brings
action to compel the territorial treasurer
to receive these warrants under section
of the political code which says:
"He the territorial treasurer shall re.
ceive in payment for public dues the
warrants drawn by the auditor of the
territory in conformity with law, or re-.
deem the same if there be any money in
the treasury appropriated for that pur.
pose"
Another section of the political code
says:
Territorial warrants are receivable
tor the amount payable into the terri.
torial treasury on account of the general
territorial tax" etc.
Still another section says:
"The treasurers of the several coun.
ties shall pay into the territorial treas
ury all funds in their hands belonging
thereto on or before the first Monday in
November of each year =
and the funds so paid. in shall be the
identical territorial warrants, if any, re-.
ceived by the treasurer for the payment
OF taxes" etc.
These three sections from the political
code make it apparent that,
80 far as the code is con-
cerned, the territorial treasurer is COM
PEELED to receive for taxes the warrants
drawn by the auditor on the capitol
building fund. There has been no sub.
sequent legislation annuliing or impair
ing the sections quoted. Section twelve
of the capital commission act author.
ICES the auditor to draw warrants upon
the building fund, in the following
words:.
THE commissioners shall from time
to time. upon the requisltion of the
superintendent, draw through the audi.
tor OF the territory upon the territorial
treasury for the amount necessary to
carry on the construction of the capitol,
which said warrants shall be paid out OF
the territorial building fund.-
Thus the capital commission act di.
rects the auditor to create the warrants
and the code directs the treasurer to re.
celve such warrants IN lieu Of cash in
payment of the general territorial tax
The capital commission can go on in.
definitely procuring territorial warrants
and converting them into cash by selling
them at discount to persons having
taxes to pay. We cannot discover tha,
there is any legislative restriction upon
the amount which may be paid for the
construction of Bismarck's capitol. Sc
long as the warrant mill grinds millions
may be drawn.
| MIR. Hughes based his argument solely
upon the plain wording of the statutes
as above quoted and there rested his
case. Attorney General Rice held that
the legislature did not intend to iegis
late in this manner and his only point ir
defense was the intent of that body. He
dilated, of course, upon the unpleasan,
consequences which would ensue should
the court let down the bars to this hun
, cry horde of bankrupt capitol builders
and reminded the court that the commits
sion could go ahead and finish the
structure at public expense if favora.
BILE ruling was secured. But his only
1real argument was as to the intent of the
Legislature. Thus the case was sub
mitted to the court.
About year ago the supreme court
of the United States decided case Civ
| ing mileage to officers of the army anG
navy under an act of congress, appealed
from the court OF claims, which covers
the point of "intent" on the part of 6
legislative body. The court held in eff.
feot that the intention of such body
. could not be set up against the plail
wording of an enactment
and that an act of legislative body
must be carried out and executed in &C
cordance with its wording, where tht
wording of the act is plain. So 1t ap
pears that Mr.. Hughes has the better
side of the case. If he secures verdic
in behalf of the commission the terri
torial treasurer will soon be Ioadec
down with the paper of the territory anc
cash will cease to flow into the Golfers o
the commonwealth. The capitol build
ing will progress, but there will be nj
money with which to meet the expenses
of other institutions. The capital com
mission will virtually be the govern
mont, as it will hold control of the .'siu
ews Of war"
The capital commission still exists
The last legislature possessed the powe
to abolish it, but failed to exercise tha
power. Why. nobody outside tn,
charmed circle knows, though the con
clusion is that its continued existence wa
l"a part of the deal.'' 1t survives and i