Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1889-01-25
A NEW POINT RAISED.
AS TO What the sioux Fails Constftu-
ton VIII Consist of.

AS to What the Sioux Fails Constitu-
ton VIII Consist of.
Sioux Falls Press: The omnibus bill!
provides for the election of delegates TO
the constitutional convention on the
Tuesday following the second Monday
In May. and for the oonvening of the
delegates on July 4 following.
Then comes the following provision
with reference to Dakota:
If a division of Dakota is authorized
and majority o! ell the votes cast at
the election provided for shall be in
favor of the Sioux Falls constitution of
1885, 10 shall be the duty of the conven-
tion which may assemble at Sioux Falls
to resubmit to the people of South Da-
kota for ratification or rejection, the
Sioux Falls constitution of 1886, and
also the articles separately submitted at
the time including the selection OF o
temporary seat OF government, with
such changes as relate to the name and
boundaries of the proposed state, to the
reappointment of the judicial and legis-
lative districts, aed such other amend
ments ss may be necessary to comply
with the provisions OF this act.
Later in the bill as passed the follow
ing sentence OCCURS:
Upon the ratification of the Sioux
Falls constitution She president shall
have power to issue proclamation de-
claring south Dakota admitted as q state
As 1t is elsewhere provided in the bill
that the various constitutions must be
submitted TO the people for ratification
| on the Tuesday following the first Mon
day in November, and as the same Sec
tion from which tho above extract ie
taken speaks of what shall be done in
case either the constitution OF North Da.
keta or South Dakota shall be rejected
while the other shall be ratified, it is
clear that the ratification of the Slouz
Falls constitution referred to-" is no,
the same ratification mentioned in tho
the first extract. And yet Ohief Justice
Trip takes it to be SO. On Tuesday h,
teieeraphed to ). r. Gamble as follows
Ii q majority IN each Dakota votes fol
division and meJority in South Dakot,
favors old constitution as amended ant
il amendments are ratified South Da
kota will be admitted by proclamation
| Otherwise the convention submits new
constitution and comes in by act OF con
lgres'.
/ The Press believes that Judge Tripl
has missed the point. The force OF th
amendment to admit South Dakota Oh
proclamation was intended to apply t.
the final ratification OF the Sioux Fall
constitution, and as the convention is Il
meet here tne constitution prepared b.
the convention, whether it be the oil
one revised or entirely new one, Wi
still be the <'Sloux Falls constitution.
That this is the logical inference j
shown by the faot that the first extrRc
speaks of the ratification or rejection Q
the Sioux Falls constitution of 1885,
while in the second it merely says 18Th
Sioux Falls constitution without til
words "of 1885," This view is strength
ened by the fact that in two differer
/ cases where reference is made TO sh
present constitution, the qualifyin
words ''oi 1885" are added.
As matter OF fact therefore the pr,
clamation applies just the same whethe
the new constitution shall be the oil
9 one revised or a new one from the bf
; ginning. 1t will still be the Sioux Fal
constitution.
After ell, no objection anywhere exis
against the present constitution as
whole. a few objections have bee
urged against certain provisions, bs
with these smended universal eatisfat
tion will prevail.