Territory ex rel. Smith v. Scott
Supreme Court Of The Territory Of Dakota
Points and authorities: It is necessary for tbe assailants of this act to establish two propositions: that law-making power is delegated; and, that the act is, therefore, invalid. Neither of these propositions can be rightfully affirmed.
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Points and authorities: It is necessary for tbe assailants of this act to establish two propositions: that law-making power is delegated; and, that the act is, therefore, invalid. Neither of these propositions can be rightfully affirmed. The Organic Act, and the Revised Statutes, to the extent they supersede it, stand as the constitution of the territory — its charter of government: Ferris v. Higley, 20 Wall., 380, 381. While it is the acknowledged duty of the court, when the occasion arises, to declare an act of the legislature invalid, no doctrine of the law is better settled than that the…
1Opinion of the CourtChurch, J.
This was an action in the nature of a proceeding of quo warranto, brought to prevent the defendants from exercising certain duties as commissioners for selecting a site for the permanent seat of government, and erecting the capitol building of the territory of Dakota, under appointment of an act of the legislature of the territory, approved March 8, 1883.
The complaint alleges the appointment by the then Governor of the territory, February 11, 1862, of the city of Yankton as the place for the first meeting of the legislative assembly; the meeting of the legislative assembly at the time and…
2Cases cited15 opinions
- Wayman v. SouthardSupreme Court of the United States · 1825
- American Insurance v. 356 Bales of CottonSupreme Court of the United States · 1828
- Clinton v. EnglebrechtSupreme Court of the United States · 1872
- National Bank v. County of YanktonSupreme Court of the United States · 1880
- Hornbuckle v. ToombsSupreme Court of the United States · 1874
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3Cited by20 opinions
- State v. BryanSupreme Court of Florida · 1905
- Boe v. FossSouth Dakota Supreme Court · 1956
- Oahe Conservancy Subdistrict v. JanklowSouth Dakota Supreme Court · 1981
- Craig v. O'RearCourt of Appeals of Kentucky · 1923
- State Ex Rel. Oster v. JorgensonSouth Dakota Supreme Court · 1965
15 more not listed; retrieve them via the Exa API.