Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1888-01-13

that power resides aifothers must con.
form to and be directed by it, whatever
| appearance the outward form and ad-
ministration of the goyerpmeratS2 slsy
put on. Es,,Ss It is OF any time in the
| option OF the legislature to alter that
form and administration by new edIos
or rule, and to put ths execution Of the
laws into whatever hands its pleRses, By
constituting one, or few, or many exc
cufive magistrates; and all the other
powers OF the state must obey the ieRis.
lative power in the discharge OF their
several functions, or else the constisu-
| tion Is at an end LIST Blk. Com. 40.
In the creation OF our government we
have sought to distribute the sovereign
power, to take from the Legislative de-
partment, Judicial or executive, :
and to give to each of them
| sovereign power, separate and
independent of ench other, SO that each
may be check bat without power TO
encroach upon the other. The theory
is simple; the application OF the theory
is often difficult. Neither congress nor
the Legislature OF q state can take from
or confer upon either department sny
power. OF functions not belonging
to such department except SO far
as at may be permitted so to co
Hence, when the iesielature has under
| teEen io'carttf 80 .si8eipfy sintits
OF political or OBSERVATION-DISCLOSURES 5er.
| such acts haYe been declared unconst,-
tutional and void; as when under the
lcongresslonal act of 1892, power was 81
tempted to be conferred upon the courts
to determine what soldiers shopIyi be
plsoed upon the pension list, the sot y aa
| declared unconstitutional and void, III:
| that the determination of who were, snu
who were mot entitled to pensions, be-
longing to the administrative or exeeu-
tive department. OF the government.
Marbury yH. Madison I,2Uranoh It'll. And 1
| again when ii 1as sought to impose upon
the courts the duty OF determining the
claims Of the Inhabitants of Florida for
injuries sustained on account OF the
American army, the courts held it Yves
not matter belonging to the judicial
department, and that the lesisla-
tion wes unconstitutional and void.--U,
g.. v. Ferreira, lib How. 40. And in
recent case in Kansas reported i. Pao.
Rep. 262, an appeal was undertaken to
the district court from the decision OF
the board OF county commissioners in
setting off and organizing new townships
under an act comforting such power
upon them. Appeals were allowed
in Kansas as IN thus territory
"irom all decisions Of the county
commissioners" The Kansas court
held that the term-aAll de-
eiaIonsp must be limited to decisions
I judicial 0f quasi jjutiieiai, that suun
power OF appeal could not be construed
TO include appeals from decisions of on
executive or administrative character.
And 1T is equally true that where judicial
power has been sought to be conferred
upon any officer OF the executive depart
ment, such legislation when not per-
mitted by the express terms OF the con-
stitation hiss been held null and void. IN In
accordance with this well known pripci-
pie our own snpreme court at the last
February term in Spencer ct a5o Huily
lcounty, held that the Legislature OF this
territory could not confer upon the
board OF county commissioners, the
power 20 hear and determine Chains of
| iudicisi character against the county so
as TO bind the parties; that the judicial
power OF this territory was lodged in the
courts expressly named in the organic
act, and that while the board co1ld
audit accounts and appeals might be
taken from their decisions, yet their de.
cisions were not go far Judgments as 10
prevent claimants from Bneing upon
their original cause of action. These ara
but illustrations OF the rule that no
power exists in the Legislature TO take
a from one department. ofthe government
and to bsstow upon. the others. The rule
10 plain IN its terms, but to determine in
each particular case 4hat lB judicial,
Legislative or executive power ss1Se labor
hoc opus est.
What / have 80 far said applies TO the
igovernment OF the United States and to
the government OF the several states
under their written constitutions. And
this, although, the constitutions OF the
states and the constitution OF the United
!. States ere to be examined and construed
from standing points exactly opposite.
a grant of power, while the constitution
OF the statea are limitations OF power.
!, the state Legislature has ell power oil
legislation except SO far as it is limited
by the constitution, the congress has
such powers OF legislation eH la ex-
pTessly and by necessary implication
conferred by the terms OF the oonstitu.
ton.
i Cocley's Cons. Linn, 207, Sill, y VII
laRe OF Corning 15 N. Y.297, People y
Galligard 4 Mich. 244, etc.
Each is sovereign in its way, the one
In the powers impliediy granted and NOT
prohibited by the terms Of the oonstitu.
tion, the others ID the powers expressly
j, granted end not impiiedly prohibited by
| the terms of the grant; the former like
all acts of limitation being strictly. and
) the latter like ell grants Of power being
/ literally construed. The national gov.
ernment has sovereign power over eli the
: Territories.
Am. 1ns. 90. Canter, I. Pet. 5ss. Nat.
/ Bank Yankton 90. 101 u. s. 1872.
Ter. ex rel Smith Y SCOTT ct ell 8 OAK
Q 357. This power has never been denied.
although courts have differed es, to the
, particular section Of the constitution
which gives the power. It is sufficient
> for this discussion that the recognized
power exists. Congress in the exs,cise
| OF this power early created local self gov
Q eriments out OF its outlying Territory, :,
! dehominesed territorial governments. a
Q name not found in the constitution
:, itself, and it gave to these governments
Q the usual executive, legialative and judi
!, ciAl powers; the organic scis from the
Q several territories from Tide earliest his
: tory OF the country have been OF the
Z same general character. They are framed
d often and founded upon the constitution
. OF the United States itself, and are
o singulsFly like the early state conet,tu-
{ tions, and the division into ana the
L IL