Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1888-02-06
SHARPLY A~NALYzsD.
Judge Tripp's Quo Warranto Decision
Calling out Fungenf Criticism.

Judge Trirp's Quo Warranto Decision
Calling out k.ungent Criticism.
WRtertown, OAK, Feb. Ito the
Editor OF tue st. Paul Pioneer Press:
A law of the session OF the Legislature
empoweredtw two commissioners appointed
by the governor TO revise our laws,
correcting mistakes and emitting acts
repealed. b revision, on proclama-
ton by the governor, was to comprise
the general laws of the territory. The
governor has appointed the commission
ers; the commissioners have revised the
laws. They have assumed to know what
mistakes needed correction and to cox
ject them. They have invested them.
selves with the robes of O court of
judieatnre, have undertaken to deter-
mine what laws have been repealed and
have omitted the same from
their reviaion. All that is necessary to
make their luoubratiens the law of the
land, according TO the act of 1887, is the
seal OF the governor, Down to two
weeks agomen OF intelligence regarded
this investure OF power q joke il now o
scandal; the labors Of this law.adjudi-
eating commission q sham and preten.
tious mummery, Two weeks ago the
citizens of this territory, familiar with
free institutions from their birth, who
and whose ancestors had fought for civil
and political liberty on every battlefield
from Runnymede to Appomsttox, and
had, by Magma Charter, the bill of rights,
the hsbeas corpus act, the declaration
of independence, the constitution and its
glorious amendments extorted from tyr.
amy the last yesitge Of arbitrary power,
believing that freedom 30 dearly purchas.
ed could not be 80 oheaply extinguished,
thought that no act investing o governor
with Legislative or judicial functions
would stand for o moment IN O court of
of law consecrated to the maintenance OF
the free institutions of the land.
Two weeks ego the chief justice
of the territory told the people
that they were wrong that an
obscure sentence in @ long and tortu-
GUS law relating to public examiners had
extlngnished the political rights of the
citizen, that the governor in approving
the act had signed away the hirthrights
of the people to himself. The chief
Justice says that the governor in his dis
erection may .exeroise ell such powers
as it is competent for him to exercise
under any legislative act which it(the
legislature) had power to enact" So
the governor may exercise any power,
whatever, not q judicial one, and the
people are helpless. No king of Eng
land sIcs Magma Cnarta has possessed o
1.-THE OF she powers OF the powers of this
ludgecreated despot. What difference
is there between power to act, as il q law
had been enacted, and enacting that
law? His code will possess the fexi-
bllity and dispatch and the uncertainty
and arbitrariness OF the ukase of the
czar. Louise apet) XIV, said "The state,
~ am the state" Dan Louis tOhuroh)
L say lees? Richelieu grandly exclaims
81 am Ffancel' Oan nos our little
governor as truly squeak ont II am Da-
kota?" Even if the theory is right that
the words simply refer to the examiners
i act. and that the ch.ei justice only meant
that the governor had ell the power
under that act which the Legislature was
competent to confer, it does not help the
matter, for the Legislature could have
made him despotic and did according to
the chief justice, for at the very least he
is given power, under this decision, to
reverse the verdict OF the people ct the
polls whenever and wherever he pleases.
Talk about your bred Scott dec,sionl
1 ask again, MIR, Editor, Has a white
man IN Dakota any right which Trip,
Church il Go. are bound to respect?
DAKOTA.
Fargo, Oak, Feb. 2-To the Editor
OF the st. Paul Pioneer Press: The
point in Judge Trips decision seems
to be this: Church drew up O bill for
the appointment OF commissioners to
revise the statutes. They were TO get
up what was to be the Law for the terri
tory, and If he looked it over and was
satlsfied with it he was to issue his fiat.
and from that moment it was to be the
law of the land. The commissioners did
not please him in ell respects and 80 the
chief Justice came to the rescue. What's
the use OF being q lawmaker unless you
can be q devil of O one? Well, the
Yankton case furnished the opportunity,
and so the chief %iustice pronounced these
solemn words: 1T was evidently the
intention of the legislature TO authorize
the governor to exercise all such powers
as it was competent for him to exercise
under any legislation which it had
power to enact"
This sentence ought to be photo
| graphed and framed. 1t beats anything
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