, 1865-01-13
Idaho CAPITAL Question.

ALA w ALA, w. ! Jdll.,.4 Z, 1000.
EDS. STATESMAN 1t is well known that the
Legislature of the Territory of Idaho at its late
session, passed an Act to locate the Capitol at
Boise City, which was to take effect from and
after the Oath day of December, 1864. The
greatest effort was made by many citizens of
Lewiston (which has declined in population to
about three hundred inhabitants according to
the last census) to have Governor Lyon veto the
measure, and it is rumored that threats were
used as to the consequences in case he approved
it. Notwithstanding all this, the Governor
signed the bill, and from that moment the fat
in the fire, and abuse and denunciation
were poured out upon him without limit. On
the 23d of December the Legislature adjourned, A,
and on that day the Governor and Acting Secs
retary were both served with writs of ofinjuncton
prohibiting them from removing the Seal and
Archives 20 Boise City under penalty of S20,-
900, each. This writ being issued contrary to
law, by Probate Judge of Nez Perce County
who had no jurisdiction in the premises, the
Governor, disgusted more than amused at so
broad farce, left for Walla Walla, where he
had important business connected with the Su-
| perintendency of Indian Affairs en- route for
Boise City 1t was afterwards understood that
the only ferry had received orders to prevent
his departure and that writ of Ne Ereat was
to have been served upon him so that he could
not leave by the only road through Washington
ern portion of Idaho Territory to Boise City
Idaho present Capitol. The writ of Ne Ereat
was served upon the Acting Secretary, Mr.
Cochran as it's movers asserted, for the pur-
pose of compelling him to obey the writ of iu-
junction. proceeding unheard of BEFORE and
of course illegal. From that moment to the
present time the Office of the Acting Secretary
has been occupied by armed guards, and he held
prisoner under worse than mob rule. Ia
6eas Corpus was sued out before Judge Smith
by the Hon. T. NJ. Reed, and myself 1t was as
serted by the opposite Counsel that the last writ
was issued for the Acting Secretary's arrest, be-
cause he had made threats that he would not
obey the writ of injunction. On examination of
the papers it appeared that both writs were is
sued the same day Although the suit was
seemingly commenced in the District Court,
dissolve the injunction, and in his own words,
he decided the writ of Habeas Corpus as fol-
lows Il will leave the matter just where
/ found it, with the Probate Judge. On the 9th
of January, as a last resort motion was made
to dismiss the matter for want of jurisdiction
Motion overruled by Probate Judge, as we'll as
the motion on filed affidavit on account of pref
udice and having previously committed himself
upon the question. The decision of the Probate
Judge on motion to dissolve the injunction, was
as follows ''Under existing circumstances |
will sustain the injunctiOn; thus leaving the
Acting Secretary of the Territory Of Idaho a
prisoner without the authority of lava shame
| less outrage in the hands of the mob at~Lewis-
ton Meanwhile a mass meeting of some 30 in
dividuals were drummed together for the pur-
pose of deciding how Idaho should be divided;
they being kindly disposed towards carving out
county or so from Washington Territory, so as
still to keep the Capitol at their City of 800 in
habitants and less than 200 votes. An ennis
sary or two were sent to Walla Walla to cajole
the people into the said Territorial division, and
l am pleased to learn they were received just as
they deserved.
According to the late census, the entire in
habitants of Northern Idaho amount to only
1919 while those of Southern Idaho amount to
over 2 l ,OOO and yet some 80 citizens of Lewis
ton assume to speak for the people of the en-
tire Territory, thereby thwarting the wishes and
desires of the thousands who were interested in
Governor Lyons doing his whole duty in execu-
ting the law for the removing Of the Capitol to
Boise City, 'peaeeably if he can, bit forci5ly If he
must" JOHN CUMMINs,
Late President of the Council
of the Legislature of Idaho.