White Cloud Kansas chief. [volume] (White Cloud, Kan.) 1857-1872, 1867-08-29
Correspondence.
FOR the Chiefly
Arcs,soS, KANSAS, August "a, 1867.


Arcs,soS, KANSAS, August "a, 1867.
Hon. Sol. MiLLER-DeaS Sn:-In the issue
Of the Chief of the 22d inst, in an article enti'
tied "The Railroads." you make comments
bnon the action of the County Commissioners
o. Doniphan County. not justified by the facts
II "a no. true, ct least in my opinion that as
therein stated; "the only difficulty now is. in
bringing the County Commissioners to prop
er sense of their duty"
Tha. my opinion in this matter is correct
permit me to call the attention OF the teaders
of the Chief and Of yourself, to some OF the
facts connected with the lao history Of the
County Seat question of Doniphan County.
Immediately after the election Of the 4th OF
June last; teld in your County-st which elec'
ton 1884 votes were cast i. favor of Wathena
being the County Seat, and but llsO votes in
favor of Troy-one John B. Eledge, of Troy,
brought his action against the Board Of County
Commissioners Of your County, to prevent them
from counting the votes cast at the election
upon the County Seat. and, also, to enjoin the
removal of the County Offices from Troy to
wathena.. A temporary injunction was applied
for, and the County Board, having been duly
notified, the motion came up for hearing be-
fore the Hon. R. st. Clair Graham, on the 7th
of June. The matters at issue were then fully
discussed; the arguments of the attorneys con-
sumed all of the afternoon, and to a late hour
in the evening. Upon the conclusion OF the
arguments, his Honor, Judge Graham. refused
to grant the injunction prayed for by Mr.. FL
edge, and decided
lst. That the case presented was not such
one as authorised the allowance Of an injunc
tion, because the injury complained Of was not
personal one, and that an individual could
not bring private action for public injury
I'd. That the election held on the 4th Of
June, in your County, ras legal, because there
was fair ezyression of the riu of the people,
rand that informalities in proceedings in slec-
tions do not invalidate them.
After this decision had been made, the Coun.
ty Commissioners were in duty bound to pro.
ceed to open the returns of the votes cast al
the various election precincts .h the County
on the 4th of June; and in accordance with the
provisions Of the law, they did NEE: at Troy
on tie 9Th of JuLe, ana after canvassing the
votes so returned to the Office of the County
Clerk, did declare, that as Wathena had re
ceived majority Of all the votes cast at the
election, it was thereafter considered and re
earded as the Seat of Justice of Doniphar
County. After such proclamation, the Count!
officers Of Doniphan County were required b!
law to remove all books, records, papers, fur
niture, &C., belonging to the County, to Wa
thena. To defeat this provision of the law
Certain actions We're commenced against 4
portion of the County officers, to enjoin thei
removal; and on the 25,h day of June, the de
PENDANTS having made no defence in the &C
tions, and no argument having been offeret
against the application for the injunctions
Judge Graham granted temporary injunction
to prevent the removal Of the Offices Of tn
County Clerk, Clerk of the District Court
Sheriff, Treasurer, and Register of Deeds.
The members Of the Board Of County Com
missioners and the Probate Judge were not in
.erfered with, and no steps have been taken, tC
this day, TO prevent them from holding theil
! offices at Wathena. The only reason ca,
give for this strange and incomprehens:ble pro-
ceeding on the part Of those who desire the
seat Of Justice to continue at Troy. is the feal
that if the Board of County Commissioners, OF
the Probate Judge, had been proce eded agains,
by action, a defence roud have been made
and the injunction, as on the former application,
refused. need not inform you that fempora-
ry I'M unction, granted on default, amounts to
nothing but stay of proceedings in the matt er,
until hearing can be had in court. 1t decides
nothing. If you would make no more of de-
fence than did the County officers in the cases
in which injunctions were allowed against them,
could tomorrow obtain an Injunction against
you from publishing day longer your excel
lent paper. As the County Board, and as the
Probate Judge of your County, were not includ,
ed in the injunctions granted, it was still their
duty to meet and hold their Offices at Wathena
the place proclaimed by law to be the Seat
Of Justice Of your County. These officers could
not do otherwise and when you state "there
is a necessity of bringing them to a proper
sense Of their duty" you certainly are mistaken
in your views. The responsibility of the CON
fusion which has resulted from the divided
County Court, rests upon those who connived
at the obtaining of the irjunctions, without Ell
iher notifying the CouHty Board, or making
hem defendants in the actions. Had either !
been done. then the injunctions would have
applied to all the County officers, or have been
refused as to all. You would have no dual
County Seat, as now.
To subserve, however, the public interest of
Four County, and to authorize the transaction |
'f the County business in legal mode, Judge
Graham has issued an order permitting and al
owing the County Clerk TO attend the meeting
If the County Board q. Wathena, at its session
% commence Monday, September ID. The
'rder, or rather permission, was granted on the
,4th. Upon the Cd prox.. trust not only will
he business Of the County be satisfactorily dis
,osed Of, bnt that, also, order will be entered
" record to submit, at the earliest opportunity
possible, to the voters of the County, propo-
'tion to subscribe stock to the amount of $780,
700 in the Atchison and Nebraska City Railroad
and to issue therefor the bonds of
he County. AZ you justly remark, in the arti-
lie above mentioned, "the aid voted would
,ever be felt BY the people of the County, ex
or good. as the increased wealth which would
'ome in before the bonds we're due. would pay
be increased taxes five times over"
Yours, &c, ALBERT H. HORTON.