Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1888-02-24

in answering the objections raIsed it
would be well to note that il is consider.
ed that the states have power in their
sovereign capacity to enact such laws %
police regulation, but it is denied that
such powers we're granted to the terri
tories by the organic act and it is con-
tended that the act in question 10 in
contrAvention Of the organic law and the
constitution of the United States,
1t is sufficient now to say that the Or
ganic act of the territory Is SO far o con-
%stltutIon in character, and the tempor-
airy government thereby created is 80 far
sovereign that it has tho power to enact
any end all laws in the nature of police
regulations not in conflict with the
statutes and constitution Of the United
States; that the power OF legislation
which extends to all rightful subjects Of
legislation includes police powers; that
the prohibition OF the sale OF i~ntoxicat-
ing liquors 10 a rightfui subject of legisla.
ton and is included within the general
grant OF legisla .iye power granted the
territories; thu: police regulations are
necessarily local in their character and
could not we'll be exercised by congress-
over all its outlying territory; that it in
tended to and must necessarily have
placed somewhere outside OF
but subject to lts ultimate control, the
power OF regulating the affairs OF
municipal concern in q manner and by
means adapted to and in consonance
With the character and necessities OF the
different localities, and people to be of
lfected thereby. This law 10 not open to
the objection that it impairs the right oil
private property. farther than ell pro.
habition laws may be open to a similar
objection, II rests upon the fnnda-
mental principle that every n shall SO
use his own as not to wrong and ipjure
another" tMuRler vs.. state s sup rep
5000 We have only to inquire az to the
legality and not the expedienoy
OF legislative enastments, and that
the laws regulating or pro-
hibiting the sale of Intoxicating
liquors are within the class of rightful
subjects. OF legislation is now too firmly
established by uniformity et actor.
nn0eh nT inc legislature and the courts to
to be now denied by this tribunal. Nor
10 10, as suggested, in ca~ntrRvention of
the venue law which grant licenses te
sell intoxicating liquors. They were
never presumed to grant authority to
do tho acts licensed, but contemplate @
raising OF revenue merely through the
means employed for Its collection. II ie
nos asdelegetion of legislative power,
nor is the lay within the prohibition OF
congress upon special legislatIon. Unde.
our theory of government she municI-
pality always had the power of local
government. IL is in q certain sense
inherent in the town, in the city, the
county and the subdivisions of the
sovereign government. In q sense it is
dormant, bat is bought into life and
allowed to be exercised by the legisla-
tive will. Municipal. governments have
fEom the existence of the nation been
permirted to exercise their police powers
In their way. The mn.icipal
charters OF this territory have always
granted police powers varying IN charac-
ter according TO the wishes or necsssi.
ties of the locality, and unchRilenged by
the courts. General legislation is often
unsnited to the requirements OF o large
and sparsely settled country, and when
such legislation is purely police
in character, it is not id
violation of congressional legislation buj
is general in. character though local il
execution. Nor is the claim open to the
last and final objection that il was moi
enacted in conformity with the organic
act and laws OF the United States. It Ii
true that the journals aresBilent as tc
some steps which it lie urged the court
must Ray were necessary to its enact
ment by the joint action fof the two
houses OF the Legislative assembly, The
court does not necessarily take judicial
knowledge OF the rules Of the Legislative
uacaynH lu So fae sc en- loAarro kL.S Al.
act could not have been passed in aecor.
dance Herewith, contrary TO the csrtif-
oates Of. the officers of those bodies. The
journals are merely silent; they do not
contradict the authenticity of the acts
given thereto by the signature of the
president of the council, the speaker oi
the house and the executive himself. III
this court a exaGina the journal of the
Legislative assembly in any case TO de-
term1ne whether an act was actually
passed, 1T is sufficient for this case to say
it will not declare the Law invalid BY
reason OF the failure of the Journal to
record its passage, and IN absence oil
any Affirmative record that il did not Sc.
cure the Concurrence of both houses, we
cannot cay that the certificates OF the
sworn officers of the two departments oil
the governments do not upon their face
import verify. The defendant must be
remanded to the custody OF the officer
uEtil discharged by due course of Law.
all the judges concurring except Judge
Thomas. who dissents on the ground that
the Law is in conflict with the organic
act OF the territory, which forbids the
Legislature from passing any act impair,
ing the rights OF private property. In
the case OF Burton B. Champion, an ap-
peal from Minnehaha county from . de-
cree granting an injunction against nell
ing liquor under the local option law
the following is the decision which set.
ties the dispute as to special and general
laws. The judgment in this case must be
affirmed, following the opinion OF the
court in the case of the territory. ex rel
Patrick Nchon Va. Michael J. O'Oonnell,
and the court further holds that chapter
70, the laws Of 1887 is amendatory OF
and must be construed az q part of chap
ter rs, OF the laws OF 1873, and that this
latter Ms amended il subject to and modi-
fled by the local option law in so far
that while the penalties prescribed by
the act OF 1879 are continued in force the
proviso OF the sixth section Of the said
law repeating all acts special and general
have ths effect to 30 far modify the char.
ter OF the city of Sioux Falls as to make
said local option law operative therein.
Why He weat south.
Washington, ID. O., Feb. 22-Is is
iyen ous ftat tha president wont to
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