Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1888-02-03

Department except % {aI q itmay Be permitted
% TO do by the terms o. the oonstttntion itself.
= oon, gns apo sn' The judiciary duties
n s1os act. = have BEEN declared M e.
constitutional and void, The national gov .
territories The organic .cts Of the sew
eral territories, from the earliest history
Of the country. have been q the same general
ial legislature 10 equal to, and In some respects
greater, than that allowed toany state legisla-
lures It extends to all rightful subjects Of leg
and laws O the United States, subject to very
few limitations. 80 that In organizing terTitor-
ia1 government ngress intended such govern
ment 70 have and exercise az the attripntes q
supervision as congress- shall choose rom time
to time to exercise over 1t. With this restduum
Of power remaining In congress- dormant except
when expressly exercised, the government OF
the territory Is sovereign in each department,
and its organic law is to he construed as It's con-
stitution either in the Light OF q grant or linz
itation Of power. Perhaps az to some portions
It Is to have the former, aud as to the :other it
is to have the latter construction. II may be.
safely conceded that the power to hear and
determine the rights Of property and 81 person,
can only be conferred bv the court The
Incumbent Of an Office has not. under our sys-
tenn Of governmat any property IN 1t. Els
tract or grant. It is conferred on him Us pub
lie trust, to be exercised for the benefit OF tho
public. Such action by administrative or ex-
It belongs exclusively to the courts. All judi
cial power, by the organic acts like the constt-
tuition Of the states and nation, ia vested in the
courts, Q prohibition upon Its exercise Dy me
executive or legislative department. but the
judicial power therein conferred upon and linn
tied to the courts ia that judicial power which,
in the legal acceptation Of the words, can be
exercisedby the courts. It 10 the power which
y confined TO the courts by the words Of linn
itatim in the constitution itself, that ttno per-
son shall be deprived Of life. liberty or prop
Ss WoTa the ses courts Rsse exclusive
to hear and determine those matters which
affect the life Or liberty or the prop
erty Of the citizen. Az other l1snts,
not so far within the iurisdiction Of the
courts that their exercise by another de-
paiment would be void. Is the right IN contro-
not judicial power. The authorities holding that
removal from Office is judicial power md can be
exercised only by the courts arc based upon the
right, and that the citizens can be deprived Of II
only by due process Of law, while the other line
OF decisions holds that under our form Of govern
and officers are for the benefit Of the people, and
not for the benefit Of the officer, and that When.
ever the officer fails to perform the duties 81 the
Office, the Office becomes forfeited; and that me
only object Of the examination necessary to deter
mine such forfeiture is such MS will establish the
fact not to the satisfaction Of or for the benefit Of
the incumbent, but to the satisfaction OF the ex-
ecutive department which is charged with the
execution Of the law, and that hence the removal
may be summary or upon such investigation ae
may be prescribed by the Legislative department..
gumeLts and reasoning Of the courts. am con.
tent to say that in my Judgment those. decisions
which hold the power Of removal to be execu.
age and our form Of government and II the
officer; may be removed by tho executive he
may be removed either with or without
notice and hearing. % the legislature has
cho en- to provide or as the terms OF the consti.
tuition may require. OGr organic law is silent
upon this subject, md 1t follows that II power Of
removal In this case is given to the governor:
with no notice OF hearing provided, he would be
at liberty to- remove surnmarily, upon the
occurrence Of sach an event as may be pre-.
scribed b. statute.
act under which the executive claimed to re.
move these trustees does not confer sucn
authority III terms. nor by fair i'm. licatfon.
The act i found in the laws Of 1887 ohapter i2A,
relating to public exalniners Tae portion of
the act relied upon by the executive as pro-
vtdtng for removals as at the close OF sec.
ton and IL continued IN the words:
suits of auch examination to be pub.
hshed, or at his discretion take such ac-
ton for the PUBLIC security as tho exigency
% exercise by these words2 It is evidently in
tended to confer upon the executive discre-
non. It expressly says SO, and the discre-
but he is at his discretion to take sucs action
as the exigency demands. he is made sole
judge Of the exigency and what action he Will
take: What powers were intended by these
words to allow the executive to exercise?
There must be q limit somewhere. 1t could
not have been intended to authorize him to fine
or or imprison these reeusant ,cficers.
would not only be q violation Of fundamental
law. but would shock the layman's view Of
Justice and right. It was evidently the IL
governor to exercise all such power as it
was competent for him to exercise
ander any legislation which It had power to
power OF removal it conferred upon him no power,
for there is no other executive or administrative
power that it could authorize him to exercise
Ihat these words have no other meaning than
removal we have already seen. Did the legisla-
lure intend to give these words such meaning?
But q better and stronger evidence Of the inten-
ton OF the legislature exists in the amendment Of
same 9, session, by chapter 1926. Two days after
the passage of this examiners act the legislature
passed an amendatory act giving the governor
themselves. whenever they foil to faithfully
discharge the duty Of their Office, and On exam
nation Of that entire session reveals tho fact
appointment Of i he governor, provided also for
removal therefrOm by the governor. It is pro-
vided II the new school law that he NAV re-
move the superint ndent and both assistants;
ne may remove the commissioner Of fmmigra.
ton he may remove the veterinary surgeon:
ne may remove all the military officers
After careful review Of the law to sustain the
decision. the court overruled the demurrer, and
decided the governor right in his removal Of tho
Old board membe, and the appointments to iii
vacancies ON the board thus caused.
SoZzLE says the reason he takes his
whisky sraight is because his month az
ways waters for il. Bosto,s Commercial.
WHEN the editor fires j especially sub.
mltted article out Of the window it is clear
case Of ex.communication.
y La ss