Reporter and farmer. [volume] (Webster, Day County, Dakota [S.D.]) 188?-1946, 1886-12-23
SOUTH DAKOTA.
The South Dakota Legislature and Con-
stitutional Convention Begin Their
Sessions at Huron.
Gov. Mellette's Message Read, Devoted
Exclusively to Discussion Of State
hood.
Voters Called Upon to Decide Whether
the State Government Shall Begin
Business ia January, 1888.
the coNsrrrurroN AND LEGISLATURE

II was 1890 this morning before President
Edgerton called the constitutional conven-
ton to order A member offered PRAYER, and
then the president read a lengthy and patri-
otto paper, commencing that whatever is
best to be done shoulG be done in firm and
patriotic spirit He suggested that II a mod
ification Of the boundaries of the state would
allay irritation, or If a change of name would
make it more agreeable to Others, it would
be well to make these changes These were
his only practical suggestions Judge Camp
bell offered the following. which was unani
mously adopted;
Resolved. That committee Of conference of
nine delegates be appointed by the president OF
this convention. who are instructed TO take into
consideration the present emergencies and re-
port to the convention when 1t reassembles to-
day for its consideration such plan Of action
as they may agree upon as suitable TO such
emergencies.
Resolved, That this convention invite the SEN
ate and house of representatives to appoint a
joint committee OF congress to meet and confer
with the comm ttee OF this convention. with a
view TO Obtaining the sentiments OF these bodies
upon the same subject, and that this convention
invite the president and the governor to meet
and take part with said committee in such con-
ference for the same OBJ ject, and that the secre-
tary OF this convention act as secretary OF said
conference committee.
The president appointed as the committee
MeRsrs Campbell, Haines, Owen, Myers,
Dott. Domard, Williams, NELL and Kellam.
Mr.. Haines reported resolutions to the men,
cry of the late Cassius NJ. Reed, member of
the convention. Adopted. Adjourned TO 3
p. m. AT that hour, the conference commit
tee not being prepared TO report q further
adjournment was taken till tomorrow. 1t
was developed this afternoon that all the
members OF the conference committee are
lawyers. and that when they met for confer
ence before meeting with the senate and
house committeeman, all of them agreed
that the repeal of the restraining clause is
the proper thing to do by the convention,
aud that the latter has full power to do so
so that this branch of the general conference
committee, and the one that will have the
most weight with the convention, is of one
mind as to the course to be pursued in this
emergency.
THE STATE LEGISLATURE
convened at noon. In the absence OF Lieut.
Gov Frank the senate was called TO order
by its secretary, John H. Drake. Without
transacting any business it took recess till
D ~, so that members absent might ar
rive by the noon tram and participate in the
proceedings At this hour the body again
assembled, when Hon Henry Neil OF
Big Stone City was chosen president
pro tenn. Action was taken on the commu-
nicatinn from the constitutional convention
by the appointment of Senators Gamble, Bo-
CART, Adams, Bronson and Templeton as
members of the joint committee, Adjourn
ment was then taken till 8 tonight to hear
Gov Mellette's message read In the house
Speaker Eddy brought down his gavel at
noon, and called upon Rev. Mr.. McCostin to
offer prayer Mr. Dow of Brown county was
sworn in as member of the house On ac-
count Of the dangerous illness of Chief Clerk
Mcconnell, Ed J. Sherman was appointed
assistant clerk. The house took recess till
2 On reassembling the speaker laid before
the house the resolutions of the constitutional
convention Messrs French, Allen, Shan
non, WardelI, Potter, Therson and Treat
were appointed members of the conference
committee. Adjourned till 8 p. m.
THE JOINT CONFERENCE
committee men were in session three hours
this afternoon, Judge Campbell in the chair
Messrs Campbell. Owen, Myers and Kellom
argued in favor or repeating the restraining
clause In the ordinance so as TO remove ey-
erything in the way of putting the state gov
ernment In motion They took this position:
The ordinance Is no part Of the constitution
and was never submitted TO q vote OF the people.
1t is only the machinery or sca6olding upon
built As such 1t is still in the hand OF the con-
vention aud is subject TO their will. either for
modification o. repeal.
Mr.. Gamble was the principal speaker in
opposition TO this theory. He strongly as
serted that his opinion was CONTRARY to his
sympathies yet he could not see the subject
in the light held by others The session con-
tinued till q late hour, and only adjourned in
season for supper and to listen to the gov
ernor's message 1t is certain that the SYM
pathies and the wishes of the convention
and of the legislature lead them, almost to a
man, to wish for that solution of the ques-
ton which will the soonest and tho surest
compass statehood. This once found, the
remainder of the business will be rapidly
done. The convention will repeal the re-
straining clause, but 1t devolves on the leg
islature to set the time for the state govern
ment to begin action,
THE GOVERNORS MESSAGE
Before the legislature, the convention and
hundreds of Others. Gov. Mellette tonight
delivered bis message. saying:
Notwithstanding past reverses, so great Is my
faith In the almighty force OF the enlightened
sentiment Of justice prevailing In the age, that
can but hope that upon calm elaboration the
popular house OF congress will vet concede our
request, which 1t admits to be reasonable, since
It must occur to them that an unrequited
wrong to any citizen or lawful political
organization OF citizens is blow at
II congress, in It's discretion, shall divide the
territorial domain on or near the present bound
airy line OF the state. 1nsufing us our statehood
la the end, and II this division is made subject
to approval by the ballot of the peopie, we viii
welcome this solution OF the problem and cheer
fully accept the new situation would urge
you TO take no step backward In the work COM
mitted to your care, and with each succeeding
disbursement renew your courage from an
abiding faith in the ultimate triumph of justice
One paramount duty Of this general assembly is,
4f..E, - L., II.
tions to fill vacancies in office under the
constitution. and this alone deem sufficient
apology for your convocation. Beyond this
your proper action is debatable, and shall
trust In the conflict of opinion TO develop the
course of wisdom. desire to rcaffirm my be-
lief In the absolute and unqualified lawful right
OF the State Of Dakota to maintain local gov
eminent. Then, II an existing rigGS. there
must exist means of enforcing It, so far as may
be done without interference with the existing
rights OF other political ORGANIZATIONS. The
houses OF congress are by law the sole judges OF
the qualifications of their membership and can
not be compelled To admit yonr representatives
70 their bodies. Their prerogative to OPP
g g Is , 70 this extent 5gSestiona6ls
as judicial sovereignty formed under the con-
stitution OF the Unite States and the positive
enactments of law. exists, IL IL exists at all,
independent of the admission OF your represent
alive to congress-. 1t 10 an historical fact that
the State Of Indiana cast and had counted her
electoral vote for president Of the United States
The halls Of congress. While congress can alone
admit and
CONSTITUTE YOU STATE
in the Union, you may still be a legally consti-
tuted political authority without the Union. and
as such entitled to the protection of the federal
laws. In fact, the creative power abides in the
state, ard net in congress Whether we rely on
the fact that the terms Of the ordinance of 1887
became by the organic act OF Minnesota Terri
tory, of which a portion of Dakota was then a
part. a compact between the United States and
the people OF this territory, or tracing our title
to statehood from another and independent
source, viz, the treaty whereby this territory
was ceded by France to the United States, and
In which IL was expressly stipulated that upon
the future demands Of the inhabitants OF this
dominion 1t should be admitted into the Union
as state upon the same terms and conditions
rs other states had been admitted: or, relying
upon the language OF the constitution before
quoted, which is the only declaration of organic
law in aid of the question, and which, by impli-
cation, early recognizes the formation of new
states or political organizations, with certain of
the rights of states, without the consent of
congress. or eyoking the manner Of admission
Of former states into the Union, and which have
acquired tie force of law as prccederts. we are
sustained on every hand by the legality of the
demand of Dakota for admission and to self
government. Then follows a citation of the ad-
mission OF Tennessee, and WashinRton's recon-
mendatfon for its admission. The practical
32 OF the ordinance and schedule provides that
no act shall be performed of an executive,
legislative or Judicial character except
such as may may, be necessary. prelitmi-
the Union until such time as the State of Dakota
shall hav, been admitted into the Uniod 1t is
urged with reason that as this language occurs
In the ordinance and schedule, and IL in no
sense part Of the constitution, but only Incl
dent thereto.
TT MAY BE ANSuILEp
by the convention now in session. While this
view is technically correct. this section was
promulgated as part OF the constitution, and
In my judgment should not be discarded with
out q formal amendment TO that effect subject
to the popular ballot by act OF the legislature,
rs provided for amending the organic act
proper. and that until such time all executive.
legislative and judicial action by the
state should be confined to such as are
necessary, preliminary and incident 70