The Minneapolis journal., 1905-11-18
Work Delayed, Not Abandoned.

lne passing OF the capitol bill matter
or personal pride to Alexander Mckenzie who
desired to see the state have a capitol building
suited to its needs, he having been concerned
with the original location of the building at
blsmarck twenty-five years ago and having de-
sired the erection of permanent and fitting
building for the capitol Of the state. Mckenzie
lived first at Bismarck when he came to the
state and he has been concerned with the es-
tablfshment of various institutions that would
rebound to the benefit of the city and the
state, Including the location of the military
post. Fort Lincoln, to take the place of the
one abandoned several years ago.
He has always been a consistent supporter of
Bismarck and the Missouri slope and bis in
terest in the capitol matter was not strange
The matter will probably be only delayed by
the adverse decision Of the supreme court az
1t is generally conceded that North Dakota
should have a capitol building consistent with
its growing wealth and Importance and in view
OF the fact that other state institutions have
been more than literally provided for pro-
vision for them having been made out Of direct
appropriations. whereas the proposed capitol
building was to be constructed with the pro-
purpose and would not come in any sense from
taxation or a direct payment from the state
treasury = ~. ..,.- ~ Il, :, ,,,,e-
I The syllabus of the decision of the court,
which states the decision Of points raised is
as follows: ..' 'r:=''- " - -
Syllabus of Decision.
First-The erection Of a residence for the
governor at the capital is within the purposes
OF the grant of. land made by congress to the
| state for public buildings at the capital under
section II of the enabling act.
Second-The disposition of such lands IS
exclusively with the legislature and it's action
in such tiers is final, unless violative of
some constitutional provisions and clearly con.
trary to the terms of the grant.
! Third-It is the province of the legislature
alone to determine the manner in which said
| lands may be disposed Of in furtherance of the
| purposes of said grant.
Fourth-Al legislative power in this state is
| vested In the senate and house Of representa-.
| tlves, and the legislature cannot delegate such
power IN relation to purely Legislative matters
.t1fth-Ihe power to determine the manner OF
! the use of the land granted by section II OF
the enabling act is purely legislative and can
not be delegated to a commission.
| Slxth-The power to limit the sum that shall
! be used for each public building authorized By
| said section II is purely legislative and canno
| be delegated to commission.
| Seventh-Chapter 1866 laws of 1905 provide,
Tor the appointment Of a capitol commission
| by the governor Said commission was thereb,
given authority to remodel and reconstruct thu
capitol building of the state and to erect
governors residence at the capital out of tn
proceeds of the lands donated to tho state b.
| congress. The law did not specify what sur
should be used for the capitol building, no
what sum should be used for the governor
residence nor specify when the buildings shal
be completed. Held that the law is invali
as an rnwarranted delegation of purely le-Is
| lative powers.