The Warner sun. (Warner, Brown Co., Dakota [S.D.]) 1885-1???, 1886-01-15
PRE- EN- ED FOR DAKOTA
Senator Harrison Submits to the Sen.
ate an Able Report ON the Dakota
Admission Bill.
THE SENATE coManrrEE nEpoRr.

- RESNAois Oil 41.-LhO Dull
ate committee on territories to-day reported
an original bill for the admission of South
Dakota and the organization OF the Terri
tory of Lincoln. The report accompanying
the bill is directed to the main question
whether the proceedings taken by the peo-
pie of South Dakota which resulted in the
adoption of a state constitution shall be ac-
cepted and ratified by congress and the state
admitted to the Union.
The report gives a history Of the movement
for organizing the state which is now familiar
in the Northwest. The authority of the legisla-
ture to authorize the constitutional convention
Is passed with the comment that IL 1t did not
give the sanction It at least gave the form of
law to the machinery for organizing a state. II
was under similar territorial acts that conven-
lions formed the constitutions of Iowa, Michi-
gan, Florida and Oregon. The provisions of the
constitution are recited and in an appendix the
instrument Is given in full, and for the first
time laid before congress. The communication
of Hon. Hugh J. Campbell transmitting the
memorial and constitution and the memorial
are also given. The earlier efforts of Dakota fol
admission and division are gone over fully
showing that as far back as 1871 the territorial
legislature memorialized congress for admission
that in 1872 another memorial was
s ss74 IPs7z gss Tor and d1 Tsss dtvi nad ,s again as. II
asked Tor. The constitutional convention Of
1923 is recited, showing how Gov. Ordway
withheld the bill authorizing a constitutional
/ VIII bAO uAo I" bOHdiIA nv ONho llhddG-
urated which resulted in the convention Of 1885,
at Sioux Falls. The fact that the press of the
territory and other parties have been generally
In favor Of these movements to obtain admis.
sion are shown. The questions to be decided
are, in the opinion Of the committee, two: First,
Are the steps taken by the people OF Dakota tc
secure admission conformable to the constitu.
tion OF the United STAGES and the precedents;
and, second, do the necessary conditions exist
In the case of Dakota as to area, population, pro-
ductive capacity. and the loyalty and good dis.
| nOSitiOn of the neODle The ordinance of 1T2g
looking to the ultimate formation OF states ont
OF the Northwest territory, was repeatedly con-
strued by congressional action as guaranteeing
all it's rights and privileges TO the territory now
embraced in Dakota. Without stopping to dis
cuss whether states formed under the ordinances
of 1877 could have entered the Union de jure
and de facto without the sanction Of congress.
the committee says: "The existence of q state is
a political fact and involves the admission OF its
senator's and representatives to the congress OF
the United States. The application Of the Lou
isiana treaty to the territory embraced in the
proposed state is also made, and Article 8
of that treaty quoted TO show that the admis-
sion Of all of the territory indicated "as soon as
possible" was intended, and that Dakota, under
this treaty, has the rignJ to be admitted guaran-
teed TO her. The committee says: Whatever
views may be entertained as to the strict legal
effects OF the ordinance Of 1887, and the Lou
isiana treaty upon the power OF the people &c
set mp q state government, it must be admitted
by all that by these compacts congress has
come under IAN imperious moral obligation" &C
admit Dakota as a state IL the necessary condi-
tions as to area, population, etc.. are found to
exist.
TAKING UP THE PREcEDENTs
the committee says that each case of admission
has been dealt with as it presented itself. There
Is no procedure laid down in the constitutions on
in any law for the admission Of a state. Con-
gress has in some cases passed enabling acts
and IN others the people have taken the initia.
tive. In the cases OF Vermont, Tennessee.
Maine, Michigan, Arkansas, Florida, Iowa, Cal
ifornia and Oregon no enabling acts were
passed. Nevada drew up a constitution which
the people rejected. Then an enabling act was
passed and a second constitution drawn up and
filed. Wisconsin, under an enabling act, passed
q constitution that was rejected, and a second
convention was held. To deny to the people Of
deny rights guaranteed by the constitution. So
long as such efforts are made in conformity TO
the constitution and the laws of the
ali the precedents.. The report goes
most exhaustivelv into these precedents.
In the light of these precedents and author
cism can be made of the proceeding taken by the
people of South Dakota, nor OF the methods by
which they have brought their requests TO the
attention Of congress AS TO population, the
that more than the population required by the
unit Of representation should be required OF q
territory. Florida. Oregon and Nevada had less.
The view of most advanced statesmen has been
that not over GO, 300 was necessary In those ter
ritories embraced in the ordinance OF 1857.
President Buchanan's position against Kansas
was modified In the case OF Oregon, a majority
of whose people were In accor1 with his admin
istration. He recommended admission for Ore
gon, as it had already formed its constitu-
ton, elected it's legislature, and is prepared TO
enter The Union. Oregon was admitted with q
population of al, $50 The committee say OF
the unit of population: 1T Is not arbitrary,
but founded on reason. 1t preserves an equality
81 representation If we 90 beyond this 1t be-
comes a matter of arbitrary CAPRICE. OF within or
of party emergency" We are moi left, they add,
ito conjecture or calculate as to the population
Of South Dakota. A census was taken last
June. In response to q request for information,
the following has been received from the secre-
tarv Of the INTERIOR Then follows a INIT
cation from the secretary Of the interior, givinr
the population according to the last census OF
Mfg.
Popula- Estab-