Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1886-06-22
FOR STATEHOOD.
An Address Delivered by
Judge John A. Owen,
of DeSmet.
The State League and The Movement
to Secure Division and
Admission.

At Turner hall last evening, in res
ponse to an invitation extended HIM by
committee of Yankton citizens to
attend the organization of state league
for Yankton county, Judge John A,
Owen, of DsSmet, president of the
Dakota state league, spoke as follows:
The education of the American people
IN constitutional law is derIyed in the
main from the commentaries used III our
institutions Of learning and the argu
ments of great statesmen and lawyers
fifty years ago in congress and in courts
concerning the powers of the general
government. There is but little origi-
nal thought in argument upon this sub
ject now. The interest of the people
has been SO conferred and absorbed IN
the creation OF the great republic that
thought has bsen directed almost ex-
clusiyely to the federal constitution and
too little to the even more important
matter of the reserved rights OF the
states and the people.
1t is maxim in law that parlia.
mont is omnipetent, that the original
law making power-the power which
represents the people and executes their
will in legislation, has the power of
right to enact any law within the scope
of legislation and all must submit to the
| will of the majority thus expressed. In
| the United States this omnipotence
of the legislature-for it is the state
legislature which is the successor oil
parliament upon American soil-this
omnipotenoe of the Legislature is limited
by state and a United States constitu-
ton. Congress- rightfully exercises only
such power as is delegated to it by the
constitution of the United States, while
q state Legislature exercises all power
except as it has been hsdged in by the
limitations of the state or federal consti.
tuition. Congress can do nothing OK
oept as the power is given by the consti
tuition of the union. The state legisla,
ture can do every thing, except as the
state or federal constitution forbids it
The state Legislature ls the stream o
living water flowing in obedience tc
natural lew with native original power
It's powers are not enlarged or created
by any constitution. The state consti
tuition is merely the aqueduct limiting
the current of the peoples Legislative
life. compelling them to express thei
! will in legislation through a lee 5la
ture limited in many directions TO
|, the safety Of the minority
The state constitution is o grant o
power to the executive and the Judiciary
: say the supreme court of Illinois, bu
not to the legislature. With congress j
is entirely different. 1t has nc nativ
/: power. The constitution is the source o
. all its power. Everything which con
, gress can do is specified in writing. Tha
r body must continually look into the cor
+ stitution to find the power which
r desires to exercise. The state legislator
: never looks into any constitution to fin
j, any power; all law making power is i
j. the state Legislature, except as stat
r or federal constitution has cut it off {
: limited it. The legislature looks int
5 the constitution to see if it contains
= = veto, congress looks into the constitntio
a to see if it contains permit. The stat
legislature roams over the whole domal
of legislation asking no leave of an
4 body, when it strikes bsrbed wire fene
6 "a constitutional restriction. it stop
y congress has no such power. 1t is p'
! only limited by constitutional provision
10 thrown into the amendments to ths co
IS stitution by our fathers as q doub
g precaution against usurpation, but, "
= repeat it has no power except th
- which ia expressly or by necessary imp
IN cation delegated to it by the federal CO
W stitution.
ID We all understand these things, b
: how is it thst, after all, we have becon
accustomed to hear it said that it
congress which breathos the breath
Il life into state-that congress creates
y state? Congress never created stat
rs 1t might as we'll try to crea
US planet. 1t is the psor
o. Q. who live upon the soil who create t
~. ~ state. Congress may admit a state b
ed it must be made by somebody ett
i'll than congress. New states may be 0
no mitted by the congress into this unio
~ q is the only provision applicable to t
Of making OF state of Dakota which is
be found IN the United States constit
ton. "Now states may be admItte
an There is the sole charter of power. I
nd question OF the proper boundary is Q
.o of agreement between congress and
Ire new state. You may lead horse
la. water but you cannot mako him dri
lie. Congress may pass an act for the adm
Eef sion of Dakota as whole, but ws sh
90. greatly mistake our own powers and
he own rights if we feel we must acc,
lie, such provision. We are men.
on, men who make state. trust tha
@ .a, shall not live to see the day when
he people of Dakota shall 80 far for
of the blood which runs in their veins
aie forget Bunker Hill and the foIndati
he upon which this great republic rests
to cringe before the congress Of
United States and seryilely accept s.
VIII boundaries 80 repugnsnt to the 81
-