Reporter and farmer. [volume] (Webster, Day County, Dakota [S.D.]) 188?-1946, 1886-07-22
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 81 to a Popu-
lar Vote

Z
were present and fifty-two delegates, with
several others arriving on later trains
Thirty EIGHT only were required for quo
rum, but the importance of the question for
which the convention was called, being the
question of submitting the repeal OF the re-
straining section of the ordinance and sched-
ule, has CALI I out a comparatively full at
tendance. Mr.. Owen, who acted as presi-
dent pro tenn of the special session in May,
read 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 10 be held in discussion of the chief
question of the session. At the opening OF
the afternoon session Mai Kellam Of Cham
berlain offered the following;
Whereas, a fundamental principle of our sys-
tenn Of government, federal and state, Is the
ernment; and whereas, under the federal con-
stitution the territorial organization was
designated only as a temporary and pro-
visional government for the outlying domains
OF the United States, and apply for admission
to the Union rs states ON an equal footing with
the original states; and whereas under any and
every proper test South Dakota has largely out
grown tho territorial condition, and by right her
people are now entitled to tIe management OF
their domestic affairs, to relief from burdensome
now maintained by direct levy upon her
industries, 10 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 qualifications; and whereas, the people OF
that portion of Dakota Territory lying south OF
the 18th PARALLEL having adopted the constitu-
ton framed by this convention, and having pro-
ceeded hereunder lawfully to establish pro-
visionai state government. the active powers OF
which are held in allegiance: and whereas, the
earlV adjournment congress-
promise of any legislation favorable to the adj
mission of the State of South Dakota as estab-
lished by her people, or TO the division of Da-
kota, SO urgently demanded By the people Of the
entire territory. therefore. be II
Resolved, That we, the members of the con-
! stitut3onal convention for the State OF South
Dakota, do most solemnly reafflrm the doctrines
and principles enunciated in the bill OF rights
and the constitution formed by this convention.
and declare 1t to he the unalterable will Of the
people of South Dakota, for whom we are 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 state of the United
| States, without further delay.
/ Resolved, That 1t is the sense OF this con-
yention that the division Of Dakota Territory
and the creation out OF its vast agricultural area
of two states of the union is imperatively de-
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
and petitions OF the people OF the northern half
| of the territory should secure them In their
right 20 the name of North Dakota" and that
| congress should give to that portion OF the ter
ritory upon the admission of the State of
South Dakota or upon the division Of the ter
ritory, the name OF North Dakotal and,
Resolved That copy of these resolutions be
furnished the president of the United States, the
president Of the ssnate of the United States and
| the speaker Of the house OF Representatives
These resolutions were unanimously
| adopted
DISCUSSED SECTION THuRTY-Two.
An adjournment until 9 a. m. tomorrow
was then taken, and the afternoon devoted
| to conference discussion of the main ques-
| ton of repeating section 80. In the confer
| ence f. T. 3. 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 ccnven-
tion that, notwithstanding the failure of con-
gress at the present session to act upon the adj
mission of Dakota, all the interests OF the peo-
pie of Dakota demand that the Sioux Falls con-
stitution 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 80 of the schedule and or
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 q constitution for the State Of Dakota
south Of the forty-sIxth parallel and TO form g
state government, Just as many other territories
have done before In each OF which the Officers
officers afterward ratified by congress With
the restraining section attached to the constitu-
tion the entire work of the convention is multi
| fed and the full compliance with the require
| ments of the act Of the legislature effectually
prevented. The crisis now was reached when
state government has neatly died out. unless
this convention provide sorle method to con-
time it's life and advance Dakota's hope for
recognition. With section 81 removed there is
| no danger Of a conflict between state and gov
eminent 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, ]. K p McCallum, Dr. Joseph
Ward and others chanpioned with ardor the
affirmative OF the question Mr. McCallum
asserted:
His constituency were so thoroughly awake
upon the question that should he oppose 1t he
feared they would meet him at the depot with a
rope and hang him at once. Section 80 never
ought to have been inserted in the constitution,
and the people who were supreme should have
an opportunity to repeal 1t. He quoted from
Senator Harrisons speech in congress and from
Gov. Pierces message to show that the universal
desire Of all Dakota is for admission, and
showed that no other state constitution ever
embraced a similar section 10 the one In ques-
ton
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:
| any of the functions OF a state in advance Of an
act OF congress. and any stems to repeal the re-
straining section would be decidedly prejudicial
TO the interests OF admission. The convention
had already gone as far as its authority ex-
tended, but IL had power under the act to con-
tinue its sessions from time to time. and, IL nee
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 constst-
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 tomorrow without doubt
SIOUX FALLS, Oak. Special Telegram, July
1.-THE constitutional convention met at
o'clock this morning, but at once took a re-
cess. and the forenoon was occupied In ar
guments IN conference upon the question of
submitting the repeal of section 80 to the
people Mr.. Haines delivered an able speech
Rev. ]. H. Moore of Beadie county and by
Judge Edgerton. the latter, replying to
some aspersions cast upon the manner in
which the claims of Dakota had been pre-
sented to congress by the gentlemen dele
gated for that purpose, said:
The work had been done in an honorable man.
ner, and that they had been accorded an honor
able hearing by the president and committees of
congress. He believed the repeal of section 81
fNnld has tar fka Annfo
OF Dakota. and that any effort on our part to as
sumo the functions of state offices would antago-
nize the friends OF Dakota in congress. He
feared the Springer bill for admission as a whole
would pass the house, and that II this section be
repealed, six Republican senators might be
found who would go with the Democracy and
pass il In the senate.
NO SUBMISSION
Gen. Campbell, Dr. Ward, Judge Owen and
others made eloquent and forcible arguments
In favor of the repeal but upon vote being
taken just before the noon recess, the reso-
luton to submit the repeal of section 80 to
the people was lost by 90 ayes to 81 nays
The result of the vote was a great surprise
to may of the members. for up to this
morning It was generally conceded as sure
TO carry. Many of those who voted against
the measure expressed their views to be that
the section never ought to have been put in
the constitution, but having been there. as a
matter of expediency it must be allowed to
remain This being the main question for
which the present session was called, upon
its defeat the feeling at once became appar-
emit that this was virtually the end of the
statehood movement under the Sioux Falls
constitution An effort to keep it alive wa
made by the adoption of the following reso-
buttons, offered by Mr.. Walton:
Resolved. That there shall be elected by this
convention a state executive committee to con-
sfst of seven members. Said state executive
committee shall continue In Office during the
pleasure Of this convention and shall have power
TO I'LL all vacancies in their own number, and