Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1886-09-10

|
BOWEN & KINGSBURY, Prop'trs
The speech of Governor Pierce. de-
livered before the territorial militia at
Aberdeen and published in full in the
Aberdeen News, is document meriiing
the profound perusal of all the taxpayers
of Dakota. 1t merits this much atten-
tion not because of its literary qualities
or its statistical or historic value, but
rather for the remarkable legal appiica-
tions made by the governor and for the
CORY manner in which he asserts that
the encampment has been held, the
expenses are going to be paid and what
are you going to do about it2
| We have been somewhat confident
tally informed some time during the
past that our governor once studied law
and that during certain period Of his
mental labors he acquired rare knowi-
edge of the fundamental principles
thereof. 1t would be harsh, perhaps,
for us to suggest that he might have
safely ventured beyond the domain of
! fundamental principles and stored
away in his intellectual reservoir some
thing to draw upon in great emergen-
cies.
The governors Aberdeen address was
in truth suumpy harangue to the
| boys, in which the full vigor of manly
courage was employed to impress the
embattled hosts with a realization
of the fact that he was the ruler
of the Dakota militia rnd
that he lad brought them together in
the face of many perils for an annual
encampment. The boys cheered voci-
ferously. It would have been breach
of military etiquette not to have cheered
Proceeding with an elucidation of the
law, the governor quotes several sections
of the act of 1885, or rather misauotes
some of them, in behalf of his right to
order annual encampments and expend
money thereon. He admits (and says
the law requires it) that he has paid the
soldiers dollar and half day and
furnished them rations at the rate of q
dollar and half day during during the
period of encampment and the time
occupied in coming and going. The law
which he quotes contains aproyision for
rations only at the rate of dollar aud a
| half per day to each man. The aggregate
| under this head is $500. 50 per annuu,
when 1t should have been only half that
sum. He.says he has paid each soldier
| five dollars per anpum for keeping their
| uniforms III order, or IN ell Sd ,670, under
the law, of course. He states that each
company has been given, also, $500 per
annum. for armory rent, total of Sc 5000,
and he quotes section three of the act of
1885 in support of this item of expendi-
| ture. essays:
| Section provides that each company
| or battery shall be paid annually out of
| the territorial treasury $500 for armory
| rent
| This is the governors version of sec
tion three. The statute version runs as
follows:
Each company or battery
that has suitable arm
ory and has arms, accoutrements and
stores In good condition, which shallh have
been annually mustered and inspect
ed by the company commander, and
made return thereof to the adjutant
general, shall, upon certificate thereof
from the adlutant general, approved by
1 hn no >f
the territorial treasury, three hundred
aol,5cb shall be in tul} compensation on tie
part Of the territory for az pay, wl,en moi
casted into dctiue service, and for rent OF
| armory.
The italics are our own. The same
act defines 'active service" to be service
rendered in cases of riot, tumult, breach
of the peace, or service when called up.
on to aid in the enforcement of the laws
1t does not mean service in annual en-
campment. There can be no othei
construction than that the $500 pei
annum to each company is payment il
full for services rendered, because tht
law SO specifically states. So the two
payments of S8,76950 and $3.50 PEE
annum already disbursed are in excess
of the payments authorized by th,
statute.
| There are other incidental provisions
of greater or lesser Importance referred
to, but these and the pro
visions above referred to really
have no bearing upon the point
at issue, namely the right of the
governor to expend money moi provided
for by statutory. appropriation. W.
have quoted this much to show that the
governor hss committed smaller
blunders within greater blunder, bi
administration OF militia affairs entail
ing upon the taxpayers of Dakota un
authorized expense. The closing sec
tion Of the act OF 1885 says:
For the purpose of carrying out tn
provisions of chapter thirty (the militi
law OF the political code of the territor
OF Dakota, as herein amended, there
:. hereby made an appropriation of Sis,
: 600 per annum, or Sc rutS thereof a
may be necessary, out of any money i
the territorial treasury, and sill warrant
Iagainst said appropriation shall b
drawn by the territorial auditor upo
tho farritnryol kraocurar upoy, tIc oartif