The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1905-11-24

ENJOINED
STATE CAPITOL
COMMISSION.
According to Supreme Court, Nay
Not Proceed With Plans for Build
ing Governors Mansion and Ad.
dition to the Capitol Building at Bis
marck-Law Creating the Commits.
sion Was Void.


Bismarck, N. D., Nov. 1S.-The ST.
preme court has declared void the law
creating the capitol commission and au-
thorizlng the constructions Of the capt.
tol and the executive mansion and en-
tered permanent injunction against
further proceedings by the capitol COM
mission under the law. The objection to
the law was the indefinite provisions for
the expenditure of the funds in the case.
The proceedings which have resulted
in the granting of permanent injunc-
ton against the capitol commission were
commenced by Fargo contractors who
did not believe that under the terms of
the call for bids for the construction of
the capitol building they could receive
tar treatment
In support Of the application for the
injunction the attorneys for the con-
tractors commended: That the terms of
the advertisement calling for bids were
i'll conflict with the provisions of the
law creating the board of capitol COM
misisoners, and defining its powers; that
the method of procedure set forth in
the advertisement was contrary to public
policy and detrimental to the interests
of the state; that the law creating the
capitol commission is unconstitutional
and that all proceedings Hereunder were
illegal and void; and further that the
law is in conflict with the terms of the
act of congress known as the Enabling
Act and void
The decision was written by Judge
Morgan a syllabus of which follows:
|. The erection of d residence for
the governor at the capital is within the
purposes of the grant of land made by
congress to the state for public build
ings al the capital under section Fl of
the Enabling Act
2. The disposition of such lands is
exclusively with the legislature and its
action in such matters is final unless
violativc Of some constitutional provis-
ion and clearly contrary to the terms OF
the grant.
g. 1t is the province of the legisla-
ture alone to determine the manner in
which said lands may be disposed of in
| furtlerarc2 OF the purposes of said
grant
j. All legislative power in this state
| is vested in the senate and the house
OF representatives and the legislature
cannot delegate such power in relation
to purely legislative matters
5. The powe. to determine the man
ner of the use of the land granted by
section " of the Enabling Act is purely
legislative and cannot be delegated tc
commission.
E. The power to limit the sim tina,
shall be used for each purpose the pub
lie building authorized by said section
II is purely legislative and cannot be
delegated to Il commission.
Z. Chapter 1865, Laws of 1905. pro-
vided for the appointment of a capitol
commission by the governor. The said
commission was hereby given the au-
thorty to remodel and reconstruct the
capitol building of the state and to erect
a governor residence at the capital OH,
of the proceeds of the lands donated to
the state by congress. The law did not
specify what sum should be used for
the capital building not what sum
should be used for the governors resi-
dence. nor specify when the building
shall Be completed. Held that the law
is invalid as all unwarranted delegation
OF purely legislative powers and the
board is permanently enjoined from fur
tller proceedings under the law.