Kimball enterprise. (Kimball, Brule County, Dakota [S.D.]) 188?-1883, 1883-04-20
DAKOTA NEWS NOTES..
From the St. Paul Pioueei Press.
The Story of the Commission.

Inc Geographic CO.ItluS VI tAo
PRESS have kept readers well advised OF the
movements of the commissioners to whom has
been delegated the e~election of Il site for the
capital of Dakota. However, when the North
ern Dakota representation on the commission,
consisting of Messr.. Alex Mckenzie of Bis
marck, B. +. Spaulding of Fargo doth these
gentlemen are also member OF the executive
committee of five, Mckenzie being the chair
mani, aud Milo w. Scott of Grand Forks,
arrived on the noon train from Sioux Clty
Yesterday, it was deemed highly advisable thaf
s'they shou,d be seon'-in a reporsorlal, not IA
commissiouury sense, however. None of item
looked as if the Yaniton terrors had caused
them any lack of sleep, and all express them
selves as satisfied with the progress thus lar
made. Said Nit. Scott:
No one knows where the capital will be located.
We of the North want it, and intend to secure It,
if we can: and, by the way, You st. Paul people
ought TO bid us God speed, as Il Northern caplsas Is
what sou want here. This much l do know, that
wherever it is ~located-nortn or south--the site VIII
be completely satisfactory to the people OF the
North or of the South. There isn't any skulldug-
gerry about this business that l know OF, and the in
terests of the Territory will be consulted.
Aleck Mckenzie was disposed to think the
PIONEER PRESS lad done the commission an ill.,
justice IN stating that no place had been men
toned by the executive COMMITTEES, to which
proposals, by aspiring sites, were 20 be for
warded. He said the fault was with the re-
porter, as it wus clearly known to every one
that the decision arrived AT in Sioux City by the
executive COMMITTEES was that proposals We're to
be received for thirty days, and were to be d.
rected IT, the care of tho chairman of the exec.
utive committee,
ALEXANDER M'KENZIE, BISMARCK, D.. T."
Asked as to whether thirty days was the limit
of time during which bids would be received,
he said, No; proposals must be received and
considered up TO the time the decision was
made, but any one could see the earlier a pro-
posal came i'll the better the opportunity given
the commissioners to inquire INTO Its
merits. Mr.. Mckenzie went on to say
that the commissioners were acting above
board and square as they knew how.
They didn't sneak through Yankton-they
went through like sensible men who had been
delegated to perform a duty and desired to do
30 without being hampered by a lot Of embit-
tered and hostile mon. Ynnkton, he said, was
in a state of perfect ferment. Armed men
p~atroiled the sreets-he said he could prove
this-nisht and dav. The commissioners knew
that u. G. Smith. district attorney at Yankton,
had procured the issuance of writs of quo
warranto and they didn't want those writs
served In the midst of a prejudiced aud parti-
can community like that of Yankton. The
commissioners utilized the time while on the
train IN peafeciing an organization, and then
Went to Canton and stopped for the express
purpose of giving the officers of the
law a chance. The sheriff got this chance on
The -train- afterward, and served the writs on
such of the commissioners as are known to
him. There need be no difficulty in obtaining
service on any one. The hearing OF the ques-
ton OF quo warran'o was TO be within thirty
days and would take place before Judge Kid
der in Vermillion, Clay county,
NO FEAn OF JuDGE EpGERToN.
Mr.. Mckenzie further said: 4
desire to speak in behalf of the whole commits.
sion, to speak as plainly ana positively as l know
how, aud say that neither Individually nor collect
Iyely nave we tho sis ltest fear of Cpief Justice
Edgerton. w believe h.Ga 10 lie an ,i.uenlly fair
and upright Judge and 40 viii not suuer injustice
at his hands
The commissioners adjourned to meet in
Canton on May i. By t'sat time tbs legal ques-
tons involved in the orc ~ar,anto writs will, it
Is hoped, be settled, or y fsir way of beng
SO, and a large number. N Or" sais will have
been received, In the ~" .nas ii he executive
committee, held in Si,rs Jay on Thursday.
Alexander Hughes was appointed a committee
Of ore to draft a form of proposal, aud this HI
will soon make known.
A Dakota gentleman, not in any way connect
ed with the commission nor interested directly
IN bismarck, said yester lay that he believed
that town would make a much stronger pull
for the capital location than was generally
supposed. lie said, If geographical fitness count
ed Toy angiit, E,smarcK -e,1 rle age over
any OF the towns mooted. 1t was . miles
"N9tp VI Vi 81 vi llc ttSteTu BOUNDARY, and
10 miles east of the Montana line, while the
distances north and south We're not very dis
crepaut Beside that, he further averfed.
Bismarck capitalists stood ready to cover apy
amount III land or money any other aspiring
syndicate or place would put up. So far. how
ever, not a straw points to he location, and
the darkness on the question is Zimmerman.
THE LEGAL PROCEEDINGS.
Sioux Falls Press: Proceedings were in
arSnra'ed yesterday TO tcst the validity of the
measure for removing the Territorial capital
according to the plan provided by the bill
adopted by the last legislature. A summons
was served upon SIX of the nine COMMISSIONER
Hughes, Mckenzie, Bedding, Deloig. Myers.
aud Ihompson-and It will be served upon
Scott, Spauliing, and Matthews as soon as
possible. The proceedings are those denomi-
mated quo warranto. and PROFOUND to
the notorious nine the conundrnm:
BY what warrant do you undertake to
and purpose? The question is asked by L. G..
smith OF 1%ankton, who is district attorney for
the Second judicial district, and is signed BY A,
=. DAVIS, Dewey u Fronch, Bartlett Trip,
Gamole Bros, and q. G. Moody, as ATTORNEYS.
The summons must be answered by the de-
PENDANTS III thirty days, and when the issue is
made up it will be tried in Judge Edserton's
court. G. FL. Myers of Sphinx county, one of
the commissioners, was in town last evening.
and permitted us To inspect the COPY of the
summons served upon him.. 1t alleges as
grounds for the action taken, that under the
organic act the legislature and governor are
10 locate the capital, and that under that
power 1t was located at Yankton: that
the act or the last legislature, undertaking ia
relocate the capital by means Of a commission.
which is neither the legislature nor the gov.
ernor. is in conflict with tho te rms OF the or.
game act, and tho delegation of those powers
to said commission is illegal and void: that tho
members of this commission draw, or propose
n draw, from the puyiic treasury certain sTms
Tor the salaries of themselves and those con
nected with them, to which sums they have no
right; wherefore, the plaintiff demands iudg-
ment that the said commissioners are not on
ntled to said offices, and that they be restrained
from attempting to exercise them. This opeDs
the ball for a legal fight of the commission.
and the proceedings will be watched with in
terest.
A st. Paul paper says that a syndicate
formed not long ago has actively en-
gagged buying all the land to be had in
Brown county, Dakota. The syndicate
OF their agents nave lost no time, it is
asserted, but have already secured about
all the best land there is in the country,
one OLD farmer, owner of a quarter sec,
ton, wouldn't sell it at all, or talk about
it at first, but finally said aWhen We kin
show me the capitals comm here for
sure, yer can Lev my place fur ius' ten
thousan' cash." 1t is stated fiat the
contract was closed with him on his own
terms.
I'D. Kennedy and Rose Randolph
vy.n M ~ Il I