The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1874-01-03
JUDICIARY MUDDLE IN DAKOTA.

JUDlGlAGs D-2-AO a.
In the L. S. Statutes at Large under the
title of AN act to provide temporary gov
eminent for the Territory of Dakota &c,
Sec 0, we find the following: The said ter
rtory shall be divided into three judicial dis
tricts. and district court shall be held in
each of said districts by one Of the justices
of the supreme court, at such time and place
as may be prescribed by law &c. Sec 10
saws: "And be it further enacted, That TEN
porarily, and until otherwise provided by
law, the governor of said territory may de-
fine the judicial districts of said territory and
assign the judges who may be appointed for
said territory to the several districts, and also
appoint the times and places for holding
courts in the several counties and subdiyi.
sions in each of said Judicial districts, by
proclamation to be issued by him; but the
Legislative assembly, at their first or any sub
scQuent session, may organize, alter or modi-
fy such judicial districts, and assign the
Judges and alter the times and places of hold.
ling the courts as to them shall seem proper
and convenient"
President Lincoln appointed William Jayne
governor; p, Bliss, chief justice; S. p. vii.
liston and Williams, associate justices
The governor, in accordance with the above
proyison-Sec Unassigned p. Bliss, chief
Justice, to the second judicial district, and
his associates to the first and third districts.
The legislative assembly not having made
any provision or assignment, Asa Bartlett
who was appointed next chief justice, also
came to this second judicial district, as also
the next in line, George W. French but by
agreement between himself and one of his
associates, W. W. Bookings, French took
the third district and Brookings the second.
When their respective terms of office had
Icxpired, President Grant appointed p. G
Shannon chief justice, TO take the place o.
French, and A. II. Barnes associate, to take
that of Brookings.
! p. c. Shannon arrived at Yankton first, bu
neglected to qualify for office. Shortly after
ward Associate Justice Barnes arrived, anc
Immediately qualified and sat in this district
thereby causing Shannon to go to the Pembi
ia or the third judicial district
This district being in the extreme northern
part of Dakota, is in a cold and stormy coun
try and besides nccessitates a couple thoas
and miles of travel, thereby making it rather
unpleasant to go there; and, although ther,
was but LITTLE said vet there was considerabl,
feeling manifest between the Judges az tC
who should 90 70 that district
Chief Jnstice Shannon, however, went Their,
promptlv and held court when the time ar
rived for him TO 20,
A few weeks since it was rumored that III,
ooverpor--op account of = decision made h,
Rarncs in tbe suit Of yaDItop Cou,.ty vs.. Ia
E,t, So,,tLe,o p p Co in which If is said Il,
indra having admitted Wintermutc to hail
which he conld not well avoid under exist
in, circpn,stoncos-wo roing to ro.ossio,
bo irdcos
About the close of the October term Of
court Governor Burbank went east, and act
ing governor, Secretary Whitney, issued q
proclamation to that effect, of which there Is
no doubt but that il was instigated by1,over
nor Burbank, and for which Whitney was
censured beyond all reason.
There is some doubt whether the re-assign
ing by Whitney was legal, as it is claimed
that the assigning by Governor JAYNE was q
f,0ctis ot,fcio act, As to this will eynress