Bozeman avant courier. [volume] (Bozeman, Mont.) 1872-1882, 1875-01-22

THE CAPITAL CASE.
lsPxc1AL TELEoRAx TO Tus HRRAlD.f
VIRGINIA CITY, January l3.-The actusl
trial Of the first Capital case lasted dfteeh
minutes.
Respondents's lawyers, Blake, spratt.
Word. Turner and Williams decliued u
cr0ssexsmiae OF introduce proof. :.
The asxumeuts Of dilatory motion and
pleas consumed eight daya
Anticipating The mandate. the Seer.t II
land Marshal this morning csavassed tb9
returns, including GsIl~t,u, and declared
the result TO he as published in the Herald
Of September 1st.
WhePeupon Acting Governor CallAway
this afternoon issued the following proey
| 'amstion:
In the Name and by the Authori-
ty of the Territory of Montana.
PROCLAMATION.
EXECUTIVE DEPARTMENT., VIRGINIA
CITY, N. T., 18th, 1876.
WHEREAS. In pursuance Of an Act en-.
tiled IAN Act TO change tho Seat Of Gov.
:rnment of the Territory of* Montana"
passed by the Eight Legislative Assembly
# the Territory of Montana, AID approv.
d Februsry 1lth, 1874, the question: o.,
approval or Disappr0yal of said Act, de.
dominated in said Act as the "Capit.l
Law" was duly submitted to the qualified
voters of said Territory at the general
election held in said Territory on the 81
lay Of August, 4. D. 1874 and - /, :.
wnER.Aa. A canvass was made in pur.
'uance Of said Act, BY the Secrea'y of tle
said Territory, aud tie United States
Marshal, in the presence of the Governor
t said Territory, on the 2l day of Sep
ember, A. D., 1874, the said officers set,
ing a. board Of Canvassers to canvass
the abstract OF the election returns OF said
election from the several organized toun.
lies Of the said Territory. upon the ques.
ion of the approval or d'sapproval OF s"l'
Capital Law. as received and then on flo
n the Office of the said Territory, BY
which canvass,it appenEei, ss the result
thereof, that saida Capital Law bad been
disappmyetl; and =
WHEREAS, In proceeding had at tho
January term. A, d., 1878, Of the Supreme
.;ourt OF said Territory, 1t has beeen held,
4djudicated and determined by the said
court that the il Board ef CanvSssers
Il the said canvass, on the 2d'Iay of Sep
ember, A. D. 1874. did, nds have before
hem the correct and genuine abstract Of
votes of SAID election from the county Of
leagker, in said Territory; and,
WRKREAs, BY order, and in pursuance
of the findings and adjudication of said
Court. correct and genuine abstract of
she votes cast at said election 90 the que<-
'lon Of the approval or dlsapproval of ssia
Capital Law has this day been filed in the
office Of said Secretary of said Territory:
and, $50.
WHEREAS, In order 10 correct the sA.l
canvass made a. aforesaid. the said SecreL
tary and Marshal Aforesaid, dill, IN the
presence of the Acting Governor of said
Territory, on the 18th day of January. A.
D. 1875, at the City of Virginia and Tel,
ritory of Montana, meet and proceed a.
make another canvass of the abstract of
the election returns Of said election. tai
iog a. basis Of said canvass the same ab.
strict and returns fro1, she several coun.
ties canvassct - sfo,esaid, on the 2d day
Df September, A. D. 1874, except as to the
county of Meagher. The abstract found
sad sdjudged by said Court to b correct
and genuine abstract. was received snd
and counted by said Board of Canvassers
in saidsecord canvass =, the correct and
genuine abstrsct,frOm said county; and
WHEREAS, Il appears by the said Second
canvass that greater number of votes
we're cast reading 'Cspital Jbaw Approx.
ID than were cast Capital Law Di.sp-
;Toved;" -:
Now. THEREFORE, I, JAMES E. CAL
LAWAY. Acting. Governor Of the Terri.
Df Montana, BY virtue of the power and
in tne vested by law. snd in obc.
liencs 10 section 3 of eaid Japiiil Law, do
proclaim and declare that said Capital
Law has been duly approved. and that ,ha
'edt Of government of the Territory OF
Montana has been, in due form of law,
removed from the city Of Virginia to the
own vf Helena. in said Territory.
In testimony whereof, have hereuDt"
'et my bend, snd effixed the seal of SAID
Territory Of Aontana.
Done at the city of Virginia. in the Ter.
'itory Of Montana, this 18th cay Of jana.
NY, A. d. 1878.
tSigned,I J. E. CALLAWAY,