The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-09-25
NORTH DAKOTA
ATTACK THE LAW
FOR NEW CAPITAL
QUESTION OF ITS CONSTITUTION.
Atty rs RAISED.
Point Is Made that the Capital Com
mission Law Is in Conflict with the
Provisions Of the Land Grant-Case
Is Coming Up at Grand Forks on
Wednesday,.

Grand Forks, N D.. Sept 25.-The constitu-
tionality of the law creating the North Da-
kota capitol commission is to be attacked. The
supreme court will be asked to pass on this
question we'll to dispose of the preroga-
tive writ issued by the court requiring the COM
mission to show cause why it should not be
upon it under the call for bids. The court has
made an order continuing the return day to
Wednesday. when the issues will be outlined
and the case set for argument.
The constitutonality Of the capitol commits
sion law will be attacked on several grounds.
The enabling act provided for land grant of
$4,000 acres, the proceeds from the sale or
which were to be devoted to buildings for the
executive, judicial and legislative branches of
the state government. The capitol bill pretends
to give authority to the board of university and
school lands to sell this property, the proceeds
to be used for the construction of capitol
building and residence for the governor.
1t is commended that the legislature has just
as much right to direct that residence be CON
structed for the of the secretary of state
OR any other state official, or for any member
of the legislature, as it has for the governor
of the state, and on this account the claim
will be presented that the capitol commission
| law is in conflict with the land grant, the COM
mission being given authority to deviate the pro-
ceeds from the purposes for which they were
intended. Is ~: -. T.. .-~.a ... sod. =
| 1t is further contended that by the terms OF
| the act the proceeds of the grant to be de.
voted to two purposes, the construction of cap
itol and the construction Of residence for the
! SoSellloT, AdL1uS " specify uoW HuCu ID 70 ue
appropriated for either building, thereby delegat
ing legislative power to the commission in con
fict with section 81 of the constitution, whicf
provides that each appropriation shall be by {
separate bill, embracing but one subject.
The bill further provides that the commission
may issue certificates Of Indebtedness to
sum equal to 100000. These certificates are t
be issued by board created by the legislature
and which becomes part of the state govern
ment, making every, debt created by the boar
q debt of the state, rather than Of the commits
sion or the individual members Of the commits
sion. These certificates are to draw interes
at the rate Of per cent annually, and an issu
Of 5000, 900 will in twenty years require in In
terest the sum Of 1925, 900, presumably to com
from fund which the land grant intended TO
the construction Of buildings, but which in par
must be required to pay interest on the indebt
edness. .....-,.- .-.-i
That section 1872 Of the constitution limit
the bonded Indebtedness of the state to 5000, OOC
, while the legislature authorizes an increase o
this indebtedness by 100000, is another poin
which will be argued to support the contentio
!, | that the capitol commission law is unconstitr
, | tional.