The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-02-09

dfnance is much more serious ques-
ton, and requires an examination OF
the law under which the municipality
pretended to act.
It will perhaps be conducive to
more eSsy and ready understanding Of
d the question should / divide 1t as fol-
lows:
(A) Powers OF the Federal govern
ment to create municipalities
The Federal or United States gov,
eminent is Of limited and delegated
powers: Its sovereignty is complete
In 80 far as the same has been granted
or given by the states; it Is sovereign,
however, only to the extent as grant
ed surrendered to 1t by the states
agreeing to or ratifying the constitu-
ton; the measure Of the powers Of
the government Of the United States
is It's constitution and such powers rs
may be implied as necessary to carry
into effect the powers by 1t granted.
The Federal government, as such,
has NO power to create either pub
lie or private corporation but such
power as the Federal government has
to create such corporations Is an i'm
piled power and may be exercised only
for the purpose of carrying into effect
the powers conferred by the constitu-
ton.
Clark & Marshall on Corpora
TONS Sec an and Al
1t Is interesting to here note that
on Saturday August 18, 1887, while
the Federal Constitutional convention
was sitting, Madison introduced an
amendment. adding to the proposed
powers Of congress the following:
ITO institute. temporary govern
ments for new states in the unappro-
prfated lands of the u. s."
To grant charters of incorporation.
in cases where the public good may re-
quire them and the authority of sin
gle state may be incompetent" !
Neither Of these proposals was
adopted (Sec. v. Elliotts Debates 439-
543 and 3 Madison papers 1850.
This is directly the converse of the
powers of the state; the state is a
full sovereign except in so far as it
may have delegated a portion of it's
sovereign powers to the United States
and the creation of corporations either
public, or private, is essentially an at
tribute Of sovereignty. IS
The government of the territories
is vested in the congress of the Unit
ed States.
See Sec. 3 Art. 4, Constitution.
Murphy vs. Ramsey, ia U. s. is
at "A; U. s. Kagama, 118 u. s.
! 375.
Az incident and auxiliary to the
powers to govern the public domain,
congress has authority to create mu-
nicipal corporations in the territories.
McCulloch VS.. Maryland, A Wheat.
az U. 81 316; Cal. VS.. 8. p. Co.,
B. 127 U. s. L; Osborne VS.. Pres
ident, ETC.. 8 Wheat (22 q. 81
1888; University vs. Indiana, IA
How. (55 U. 50 1858; Barnes
vs.. District of Columbia, 81 u.
8. $40: stoutenburg VS.. Hen
nick, 129 U. 8. 141.
This power may be delegated to the
legislative assembly of the various ter
ritories; such Legislative assemblies,
however, are not sovereign; they ex-
eTcise but a delegated power; in eff
feet. the territories are but large mu-
inequalities.
Nat. Bank vs. Yankton, 1O1 U. 8.
129 at 1873; U. {. vs. Church
etc, Utah 361. is Pac. 47s at
AZ; Snow We. U. s., 10 Wall.
(S5 U. 81 321; Talbot VS.. Sill
yer Bow Co, 1879 U. 8. 49,.
In Snow vs.. U, 81, supra, Bradley
J.. says: Strictly speaking there is
no sovereignty in territory of the
United States but that of the United
States itself. Crimes committed
therein are committed against the gov
eminent and dignity of the United
States"
In the case of Talbot VS.. Silver Bow
County, supra, Brewer, j., says: a.(A
territory is not a distinct sovereign
"; 1t has no Independent powers. It
Is a political community organized by
congress. all, whose powers are Gre
ated by congress and all whose acts
are subject to congressional supervi-,
!. sion. Its attitude to the general gov
eminent is no more independent than
that of city to state, In which 1t
is situate, and which has given 1t its
municipal organization
(B} Power of Territorial Assemblies.
The measure OF power Of the terri
torial assemblies is the organic law
established for 1t by congress and in
which Is enumerated the particular
purposes and subjects upon and over
which the Territorial assembly is
granted authority 5S S.
The territory Of Dakota was created
by the act Of congress OF March 20.
1861, found at Sec. 1900 Of the 1874
revision of the United States statutes.
y BY Sec. 1851 R. s., U. s., 1874 (be-
ing one Of the sections of law. APP
plicable to and governing all terrific
ries1, 1t is provided "the legislative
power OF every territory shall extend
to all rightful subjects Of Legislation
not Inconsistent with the constitution
and laws Of the United States"
Under this delegation Of power 1t
.is held q territorial assembly had ah-
/ thority to create public and priyats
corporations i ST.
University v. Indiana, IL How.
Y (55 U. 81 26S; Burns VI. sAtchi-
son. 3 Kan. 44S; .Atchison W.
Barth olomew, 1 Kan. 104 State