The Hope pioneer. [volume] (Hope, N.D.) 1882-1964, 1905-11-30
PERMANENTLY
ENJOINE|D
STATE CAPITOL
COMMISSION
According to Supreme Court, Msy
Not Proceed With Plans for Build
ing a Governors Mansion and I'D
dilion to the Capitol Building at Bis
marck-Law Creating the Commits
sion Was Void.

Bismarck, N. D., Nov. 1S.-The SUI
prenle court has declared void the law
creating the capitol commission and au-
thorizing the construction OF the CAPT
toll and the executive mansion and en-
tered a 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
i'll the granting OF a permanent lnJunc-
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
fair 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
in conflict with the provisions of the
law creating the board of capitol COM
m~isisoners, and defining its powers; that
the method of procedure set forth i'll
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 i'll 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 a residence fol-
the governor at the capital is within the
~, r,ocac. IF t1,o rrn,,t Of land f1oHn. 1I
congress to the state for public build,
ings at the capital under section 81 O.
the Enabling Act.
2. The disposition of such lands il
exclusively with the Legislature and it:
action in such matters is final unles:
violativc of some constitutional provis.
ion and clearly contrary to the terms O
the grant.
3. It is the province Of the legisla.
ture alone to determine the manner ii
which said lands may be disposed Of il
furtherance Of the purposes of sale
grant.
4. All legislative power i'll this state
lis vested in the senate and the hotlss
OF representatives and the Legislature
cannot delegate such power i'll relation
to purely legislative matters.
5. he pOWe" 10 determine the man
ner of the use of the land granted b,
section ~ of the Enabling Act is purell
legislative and cannot be delegated tt
4 commission.
6. The power to limit the SIM tina
shall be used for each purpose the plb
lie building authorized by said sector
II is purely legislative and cannot bt
delegated to a commission.
=. Chapter 16o, Laws Of 1905. pro.
vided for the appointment Of a capito
commission by the governor. The sale
commission was hereby given the ait
tl1ority to remodel and reconstruct tilt
capitol building of the state and to cree
a governors residence at the capital on
of the proceeds of the lands donated tc
the state by congress. The law did no
specify what sum should be used 70,
the capital building lot what sim
should be used for the governors resi-
dence, nor specify when TIE building
shall be completed. Held that the law
is, invalid as an unwarranted delegation
Of purely Legislative powers and tn
board is permanently enjoined from fur
Their proceedings under the law.