Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1886-05-03

Through the rejection of the bill for
the admission of south Dakota into the
union by the house democratic
committee on territories the whole
question of statehood under the
Sioux Falls constitution and
the state organization of last fall comes
again before the chosen representatives
/ OF the people. They are brought face
to face with crisis which calls for the
exercise OF their best Judgment, their
most sincere patriotism and their devoted
courage in behalf of their convictions.
Under present conditions the
question OF the right of
the people to assume state
hood of their own volition must be met
and disposed of one way or the other.
Our state legislature, our state officers,
our Judges of courts, our representa-
tives in the national congress have all
been elected by the ballots of the
people and have all taken an oath of
fealty to the state of Dakota. They
stand upon the verge of statehood gov
eminent, ready to proceed or ready to
dissolve, as wisdom or policy shall rule
the hour, as patriotic courage or the
weakness of political cowardice shall
prevail in their deliberations.
There is fear yet abroad that in con-
summating the project for statehood
without the preliminary consent of con-
gress, the state of Dakota and the peo-
pie therein will violate some national
law and bring upon their heads the con-
dign punishment of the authority which
reigns at Washington. During the years
of the past the Press and Dakotalan has
undertaken to demonstrate on numerous
occasions the regularity of the proposed
proceeding and has shown, by both law
and precedent, that the proceeding
would be constitutional and legal by
which south Dakota may emerge from
| its condition Of vassalage and assume
the functions of statehood. There is no
law of congress, no provision of the con-
stitution, which prohibits this act,
consequently the act would be no viola
tion of existing statutes or of any con-
| stitutional clause. For de claring state
hood no legal punishm ent could be in
stltuted, because no outrage would be
committed upon the enactments which
| govern this realm.
In transition from territorial con-
dition to statehood condition without
authority from congress difficulty
would be encountered, not insurmount-
able, but still difficulty involving
some delicate considerations. We are
now acting under the jurisdiction of
courts and of tax gatherers provided in
directly by congressional enactment and
| placed in authority by the ediots of our
territorial legislatures operating
under the organic act. To transfer the
| Jurisdiction of these territorial officials
to the Jurisdiction of state positions
would involve clash, were it to be ac-
oomplished without legislative author
ity. But our territorial legislature
possesses the power to transfer this
| Jurisdiction from one to the other and
to effect quiet and legal settlement of
this phase of the movement. Our or
ganic act is broad and liberal upon this
point, giving to territorial legislatures
| absolute power to define the duties of
the officials named and to fix the status
of courts within the territories. From
| the decisions of a territorial legislature
upon these points there is but one
source of appeal-to congress itself, With
a republican senate such an appeal, II
the case of Dakota, would 60 nc
farther than through the democratic
house, and there it would end, leaving
to the legislature OF Dakota full iuris.
diction in the premises and full autheri
i ty, under the organic act, to settle the
powers Of statehCeaa courts and the
powers of the statehood tax gatherers
No process of the federal courts could
affect an enactment of this nature, be
cause the federal courts have no iuris
diction over the findings of q
territorial legislature, acting il
strict obedience to the statutes
of the United States. namely the organic
act which ia cur territorial constitution
The way is perfectly clear, through {
territorial legislature, to overcome thu
only difficulty Ii ii /. transition from a ter
ritorial form OF government to a state
form Of government. To accomplish tn,
object in view majority of votes IL
behalf of the statehood movement j
needed in the coming territorial legisla
ture. To securs this should be the issu
i'll all of south Dakota and in those dis
tricts of the north friendly to ou
statehood project. Let the battle b
. fought upon this line and max
loyalty to statehood the test il
every district and precinct.