Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1896-02-13
CAPITOL REMOVAL CASE.

SASttOl HEMOvAE SAS6.
The State Supreme Court Denies the In
junction Asked by jefferson City, aud
the Question win BE Decided by the
People at the Polls Next November
Great Rejoicing at sedaiia.
JEFFERSON CITY, No., Feb. 6.-The
| capital removal injunction case was
decided by the supreme court in banc
Tuesday morning, the opinion being
| written by Judge George b. Maefar-
lane and eoncurred in by Judges Brace,
Sherwood. Barclay and Robinson.
Judges CAN'T and Burgess did not sit
in the case.
The court finds that it is for the peo-
pie and not for the courts to pass upon
| amendments to the constitution, and
therefore the supreme court has no
authority to interfere in this instance.
This places the capital removal ques-
ton before the people to be voted upon
at the November election, provided, Of
course, that Seda1ia complies with the
provisions carried by the resolution as
to bond, etc.
Says Judge Macfarlane:
There can he no doubt that the question OF
| the establishment OF the seat OF government is
one which is ii proper subject for amendment.
| II the people had seen fit they could have
given power to the general assembly to change
the seat of government upon any terms 1t
| might request Indeed the power might have
! been delegated to the governor, or this court
| or to commissioners. as was done by the con-
| Vention of 1920. But no such power was
| granted, did the people remain silent on
| the subject, and thus leave the matter to the
discretion OF the assembly. but negatived such
power by declaring: The general assembly
| shall have no power to remove the seat OF gov
QFnTn ant RON fba of left
| art. ~, constitution 1881
It is plain that in order to secure removal
OF the capital an amendment to the conStitu-
| ton is necessary. The general assembly
| deemed it proper that the expediency Of re-
EoVal to Sedalia should be submitted to the
people It is not seriously insisted that an
unconditional proposal for removal would not
| have been valid. But it is insisted that the
amendment as proposed is, and though adopted
by the PEG pie, would be invalid. on account OF
the conditions annexed thereto, and the powers
| delegated to certain officials
The objection is directed against the wisdom
| of the measure and its expediency. AS has
| been said. these are questions upon which the
| courts have no power. The amendment derives
| Its forcSfcom the people and not from the leg
islatUre. If ratified. it shall be valid and bind
| ing, to all intentS and purposes, part OF
| this constitution, is the language OF tnat in
| Strumene.
| The court holds that there was moth
| the proceedings connected Herewith
| irreyocably binding the state to main
tain the permanent seat of govern
,nent at jefferson City, and that the
people of jefferson City have not Sc
cured such vested rights as will pre-
vent the removal of the capital.
SedaIia's Qualification.
SEDALIA, Mo-, Feb. 6.-Tne decision
| Of the supreme court on the capital re-
| moval injunction suit set Sedalians
wild, and yesterday was unanimously
| voted 10 have been the greatest in the
| city's history.
| The news was bulletined at all of the
| newspaper Offices, and q few minutes
| later fire, school and church bells were
| rung, steam whistles blown, flags and
| bunting came out like magic. cannon
| crackers and the salute OF anvils rent
the ar, schools We're dismissed, and the
entire city was given up to rejoicing
| over the result.
! After the noon hour two bands of
music made d circuit of the city in
street cars, while hundreds of men and
boys. and in many cases school girls in
their teens, made the town ring with
tin horns OF all sizes. Extra editions
OF the newspapers sold like wildfire,
ana the situation in all respects was
unlike anything ever before witnessed
in Sedalia.
Capt John NJ Glenn and a squad
| from the Sedalia Republican Flambeau
club gave a pyrotechnical display on
the courthouse square, while thousands
of spectators crowded around and
/, u, Il 4; IF iofc
Sedalia's bond, guaranteeing the tax.
| payers of the state that not a penny's
expense would attach to them in case
the removal proposition is carried at
the polls, is prepared, and will be put
up with out delay through weu-lnown
trust company.
A public meeting was held last night
at the opera house, and it was the most
enthusiastic ever held in Sedalia. Many
were unable to enter the building, but
were content to stand in front and
help swell the applause that came from
within.
Owing to the illness OF Mayor Has.
tain, K. Ii. Moses. president of the
board of trade, and cashier of the
Third national bank, presided.
Senator Yeater was the first speaker,
and was followed by Representative
Boutwell,, ex-Mayor E. w. Stevens,
Judge ". S. Shirk. Col. J. b. Quigley
and Judge d. c. Metsker. Each con
graduated the people of Sedalia, but
not a sentiment was uttered cOndeEGa-
tory of Jefferson City or her citizens.
Speaking OF the decision, Senator
Chas. Z. Yeater said:
1.-The claim made BY Jefferson City was revo-
lutionary and destructive Of the principles OF
American constitutional government. 1t would
have been Il dark dag in the history OF the
whole American people, in this and every other
Stale Of the Union. to have announced the dam
gerous precedent that the people Of Jefferson
City demanded in this case. For the court to
have said, they maintained. that the people
can not change their own constitution,
which the people themselves created and
breathed into lie ana existence, would have
been q monstrous doctrine. This is not q mat
ter that Sedaiia alone is interested in for it is
coextensive with the most sacred and solemn
rights of every citizen and every voter in the
State. 1t dispOseS OF the autOcratIc claim Of
Jefferson City that 1t owns the capital, instead
Of the people of Missouri, and has vested rights
in it. Il means that the people of Missouri
alone have the sovereign control OF the seat OF
government and can locate it at such place as
will best subserve the general interests OF tails,
the greatest STATE OF the Mississippi valley and
the great west.
Representative j. II. Rothwell said:
The decision OF the supreme court is ex-
sctly as expected and predicted it would be.
nave never lost faith in the high intelligence
anu absolute honesty of our supreme court
judges Capital removal has now passed from