Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1888-01-14

Was 6Vl1tAt1y sh0
sIasury 80 aathey sGz ~ IL WAS compctens
ercihp IN sssefcise under any le~gislasIon
lor n.rs 8 power to enact. II 1t did
vi aushosiE. MIN to exercise the power
Of removal. 1T conferred upon him no
lower, Tor there 10 NO other executive or
huA4. Is fasive power is could. authorize
upon aim any power of punishment for
any power wntch went beyond the Of
hoe itself and peitained to the in
incapable of exercise by the executive;
but the Legislature conid confer upon Or
rather it conid permit the governor to
extrcIss any administrative or executive
power. ] sBy permit him to exercise,
Tor properly speaAilg the leg slaiure
could conter no power; the only power
given orr Legislature is legislative power
which can never be delegated. Cooley
Cons. Linn. 207. Nor can the Iegis.
latnre confer upon the executive, lsgis-
lativs or administrative power; such
power must have existed in him by
virtue oil the organic act itself, % one o
those dormant powers requiring the aot
OF the legislature 20 bring 1T into action,
and to regulate and control its use.
That this power OF removal Is an sx-
ecutive one. and that il may properly be
left with the governor or other executive
officer of she territory; ] have no doubt;
but whether il was the intention
of tho Legislature to authorize, and
whether il hiss authorized che use ofsuch
power BY the executive, ] have some
doubt. ! am disposed. however. to give
the words the natural meaning they
would have in the light OF the accom-
panying legislation, and the object
so1ght TO be attained BY such enact,
ment, That these words gould have
nc. other meaning than removal, we have
already aeen. Did tho Legislature in
tend to give these words auch meaning ?
It must be presumed that they we're in
tended 90 have some meaning and
that thsy were not intended
by The Legislature to be rejected
as redundant; and in replying to arga-
Ddent Of counsel that tho legislature
could never have intended to place such
power In the hands Of the executive, 1t
iH sufficient to say that the examination
OF the statutes Of the different .atates,
win yeerS-.s the fact that in almost all,
snexfa provision will be found either in
their constitution or statutes; and in
Minnesota, the state from which this
statuse was taken, almost in Adsc cerbG
there Is en- express statute permitting
ths governor, mot only to xenov the
financial officers OF county, but the
county commissioners and other admin
istrativs officers. Bnt . better a~ndstronger
evidence Of tho intention OF the legisla-
ture existsf in the amendment OF this act
itself and other concurrent acts Of, the
same session. By chap. l25, two days
after the passage Of this examiners acs
the Legislature passed an amendatory
Act giving the governor abselute power
OF removal Of The examiners themselves,
whenever s,they fail to faithfully
discharge the dutie8 OF their
Office and m examination oil
this legislAtioH Of that entire ses-
sion, so Tar % / have been able 20 make
II, reveals The fact that, every Office
created by IL 10 be filed BY appointment
OF this governor, il has provided also for
removal thereffom by 4he governor. It ia
provided in the new school law chat he
thaA annaxinsanas.s-.S
both ahsiHtants. Sec. 1851, Comp. laws.
He. may remove the commissioner of
immigration. Hee. 1l9, Comp. laws. He
may EeraoTe the veterinary surgeon Sen,
1888, Comp. laws. He may remove all
tho military officers. SEQ. 1922 Comp.
laws. The court Ia not only permitted
In giving construction 10 statutes, TO
look as all other statutes Ut the same
legislature to SEQ what OF such powers it
had also otherwise granted, but 1t may
trace the history OF the act end inquire
OF It's contraction by the tribunals that
have put 10 into execution. I am in
formed oy tnose presumed 20 pc familiar
y Mlsh fne Workings o. this statute IN
Minnesosa, where " mad been IN force
SINCE 1913, tnat the exeousiYs OF that
ssase nas c0nsssned y 30 have p same
Iosce an0 siIece as clairnod for 10 BY the
executives Of shiS serrisory, aud thai an
cnsilenRed ~ parties Interested, Tor il
9 no seeEa TO have been brought he.
TORE 2 courts for theiE construction.
Inc c0nciudinR words OF SEQ. 4 should
nos De Overlooked however; it Is there
PROVIDED that the governor. pending M
e~xataanation, may Bnnpend sheo Officer
TON DUTY y y commended BY the plain
SIN shas these words represent the
maxlmum o. the governors power: thai
ne may exercise any power given BY tbs
statute sven 70 the extent OF snspending
tne OFFENDING officer. but I cannot agree
with thts construction. Tho suspension
~ an intermediate not 9 1nal act; it IL
given 70 prevent = failure OF administra,
fion or loss Of the benefits TO De derived
HON removal. by allowing O. dishonest
officer alter notice OF an examination
pending, TO bold posseaslon OF the office
2 make way with the public funds
or cover mp his corrupt misconduct,
~ NnnaR GRah -. fntATnYo&nfyfy