The Kimball graphic. (Kimball, Brule County, Dakota [S.D.]) 1883-1905, 1886-07-30
SOUTH DAKOTA.
The Constitutional Convention
Adopts Resolutions Strongly
Emphasizing All Previous
Declarations.
Referring to Its One Supreme
Desire to Secure Admission to
the Federal Union.

The Sioux Falls Convention De-
clines to Submit Restraining
Section 50 to a Popu-
=. lar Vote
Sioux FALLS, OAK, Special Telegram, July
13-The constitutional convention for the
State of Dakota met here in adjourned ses-
sion at 10 o'clock to-day. All the officers
were present and ffty-two delegates, with
several others arriving on later traina
Thirty-eght only were required for quo
rum, but the importance of tho question for
which the convention was called, being the
question of submitting the repeal Of the re-
srraining section of the ordinance and sched-
ule, has called out a comparatively full at
tendance. MI. Owen, who acted as presi-
dent pro tenn. of the special session in May,
read a letter from Gladstone acknowledging
the receipt of the resolution adopted by the
convention endorsing his policy of local self
government for Ireland. A recess until the
afternoon was taken to allow free confer
ence to be held in discussion of the chief
question of the session. At the opening OF
the afternoon session Mai. Kellam of Cham
Whereas, a fundamental principle Of our sys-
tenn OF government, federal and state, Is the
right and capacity Of the people for self-gov-
ernment; and whereas, under the federal con-
stttution the territorial organization
designated only as temporary and pro-
vtsional government for the outlying domains
the Union as states ON an equal of foosnu With
the original states: and whereas, under any and
every proper test South Dakota has largely out
grown the territorial condition, and by right her
DCODle entitled the management of
their domestic affairs, to relief from burdensome
taxation for the support OF her public schools
industries, 70 a more complete and efficient
Judiciary system and generally to the possession
and exercise of the right of citizenship, enjoyed
by every other people of the United States with
like Qualf1catlons; and whereas, the people OF
| that portion of Dakota Territory lying south of
the 46th parallel, having adopted the constitu-
tion framed by this convention, and having pro-
I cecded hereunder lawfully to establish pro-
v1sional state government, the active powers of
which are held in allegiance; and whereas, the
early adjournment of congress holding out no
| promise of any legislation favorable to the ad-
mission of the State of South Dakota estab-
iished by her people, OF TO the division of Da-
1 kota, 30 urgently demanded by the people of the
( entire territory; therefore, be it
! Resolved, That we, the members OF the cor
stltutional convention for the State of South
/ Dakota, do most solemnly rcatfirm the doctrines
! and principles enumerated in the bill of rights
and the constitution formed by this convention.
/ and declare it to he the unalterabe will of the
I people of South Dakota. for whom we dele
gated to speak and act. that the State of Dakota
now established and awaiting admission into
the Union at The hands of congress. should be so
recognized and admitted as state of the United
States, without further delay.
! Resolved, That IT is the sense OF this con-
/ vention that the division of Dakota Territory
and the creation out of its agricultural area
Of two states of the union is imperatively de-
I manded in the common interest alike Of North
and South Dakota: that in the Judgment OF the
! members OF this convention, due and just re-
gard for the well known and oft repeated wishes
! netit1Nna of IN mn hnl
of the territory should secure them in their
right to the name of North Dakota" and that
congress should give to that portion of the ter
1tory. upon the admission of the State of
South" Dakota OF upon the division of the ter
ritory, the name of North Dakota; and,
/ Resolved. That copy of these resolutions be
furnished the president of the United States the
president of the senate Of the United States and
the speaker of the house of representatives.
/ These resolutions were unanimously
adopted.
| DISCUSSED SECTION THIRTY Two.
An adjournment until a. IN. tomorrow
was then taken, and the afternoon devoted
to q conference discussion of the main ques-
tion of repeating section 80 In The confer
ence F. +. d. Coffin of Huron was chosen
chairman, and Mr.. Campbell called upon to
present the proposition, which he did first
by offering the following:
Resolved, That it is the sense of this conyen-
tion that. notwithstanding the failure of con-
gross at the present session to act upon the ad-
mission Of Dakota, all the interests of the peo-
pie OF Dakota demand that the Sioux Falls con-
stttution and the state government elected
hereunder be not abandoned, but be kept alive
| by all lawful and peaceful means in our power.
Resolved, That this convention submit to a
vote of the people at the next November election
the repeal Of section 30 OF the schedule and
dinance.
In support of these resolutions Judge
Campbell made an address, reasoning thus:
The convention derived its powers from an act
OF the territorial legislature which authorized it
to frame a constitution for the State OF Dakota
south OF the forty sixth parallel and to form
state government, just many other territories
have done before, In each Of which the officers
elected thereunder had become bona tide state
officers, afterward ratified by congress. With
the restraining section attached to the conatitu-
tiou the entire work CT the convention Is nuli-
fed and the full compliance with the require
ments of the act of the legislature effectually
prevented The crisis now was reached when
the confidence OF the people in the Mellette
state government has nearly died out, unless
this convention provide some method to con-
time its life and advance Dakota's hope for
recognition. With section 80 removed there is
no danger OF n conflict between state and gov
ernment authorities. The honorable men COM
posing the state government are all loyal, and
no forty thousand mule team could draw one OF
them within billion miles of the shadow OF
revolution.
WOULD MEET HIM WITH ROPE
Judge Owen. J. K P. McCallum, Dr. Joseph
Ward and others championed with ardor the
affirmative of the question. Mr. McCallum
asserted:
His constituency were thoroughly awake
upon the question that should he oppose it he
feared they would meet him at the depot with
rope and hang him at once. Section SO never
ought to have been inserted in the constitution,
and the people who were supreme should have
an opportunity to repeal it. He quoted from
Senator Harrisons speech in congress and from
Gov. Pierces MESSAGE to showthat the universal
desire of all Dakota is for admission and
showed that no other state constitution ever
embraced similar section to the one in qucs-
tion.
Mr. Haines. the father of section 80, led
the debate in opposition to its repeal in an
argument which he read from manuscript
He maintained:
The people of Dakota have no right to exercise
any OF the functions of a state in advance OF an
act OF congress, and any steps to repeal the re-
straining section would be decidedly prejudcial
to the interests of admission. The convention
had already gone as far its authority ex-
tended, but it had power under the act to
ttnue Its sessions from time to time and IL nec-
essary, to promulgate another constitution
This side of the controversy was also
briefly supported by Judge Edgerton and Mr.
Gehon the Lincoln county Democrat The
latter stated frankly that he was opposed to
division and stood squarely with his constit-
uency for admission as whole, being the
only member of the convention taking that
position. The apparent sentiment is largely
in favor of submitting the question of repeal
and will be passed to morrow without doubt.
SIOUX FALLS, Oak. Special Telegram. July
14.-The constitutional convention met Mt 8
O'Clock this morning but at once took re-
cess and the forenoon was occupied in ar
guments in conference upou the question nf