The herald-advance. (Milbank, S.D.) 1890-1922, 1906-04-20

Commit ssion Decides to Await Supreme
Courts RulinQ.


The date for opening bids for the
construction of the east wing of the
new capitol has come and gone and
no action has been taken because Of
the efforts of Sioux Falls to prevent
action OF any kind. A number of bid
ders were present with their bids pre-
pared for work of different classes,
when the Sioux Falls people appeared
in the supreme court and asked for a
temporary writ of prohibition to pre-
vent the commission from opening the
bids presented, and permanent writ
to dissolve the commission on the
grounds of unconstitutionality. The
application was made by y. S. G. Cher
ry, and after consideration the court
denied the temporary writ asked for,
but granted an order to show cause
why the permanent writ should not be
granted, setting April Is for hearing
argument on the application.
based on section 26, article 8, of the
constitution, which provides: THE
legislature shall not delegate to any
special commission, private corpora
tion or association any power to make,
supervise or interfere with any mu-
nicipal Improvement, money, property,
effects, whether held in trust or other
ypiC 1nyyy To tn n n IL
tai site, or perform any municipal
'unctions whatever" He further con-
nded that under the provisions Of
pter IS OF the Laws Of 1903 the leg
ture provided that the warden OF
penitentiary should get out stone
he state quarries at Sioux Falls for
? capitol building. This same law con-
t ms a provision that such action shall
be taken il the stone is suitable for the
work. Mr.. Cherry could not say that
it was suitable, nor who should be the
Judge of that fact. He also contested
the right of the commission to dele
gate it's powers to contractor regard
ing what was suitable material for the
work.
the bids and taking into consideration
the suit brought in the court to wipe
them out Of existence, decided that 1T
was not advisable for them to attempt
to forestall court action, and rejected
all the bids, returning the papers to
the bidders without giving out any
figures.
While tho commission in cas-
sion they were handed a note signed
sy w. A. Ross of the Sioux City Critic,
in which he demanded, under the pro-
visions Of the Constitution of the
United States and OF the state OF South
Dakota, the right to present petition.
HIS was Immediately called before the
board and presented his petition, ask
ing that home stone be used in the
construction Of the building. The doc
ument bore 1879 names. OF these 1913
were from Sioux Falls, 296 from Min
nehaha county towns outside of Sioux
Falls, and 1877 from Mitchell, leaving
388 names from other parts OF the
state outside of Minnehaha county and
Mitchell. Mr. Ross with the petition
presented the offer from Burre Lien
of Sioux Falls to donate stone from his
quarry provided the state would take
chances on developing his quarry to
point where he would know what he
has in that line. Mr.. Lien took the pO-
sition that if the state took charge of
the Lien quarry it certainly would be-
come state quarry and would be un-
der the provisions Of chapter IS Of the
1903 laws, allowing the commission to
get out the stone with convicts.