Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1883-09-25

Among the interesting literature de.
ve'oped in the capital contest is that
published in another part of this paper
in the shape OF official correspondence
between Governor Ordway and Terrific.
rial Secretary Teller. The governor is.
snes what he is pleased to term "spec.
ial order" commanding the secretary ;o
move the records OF his Office to Bis.
marck. He quotes, as his authority for
the order, section 1886 of the organic act
and the legislative enactment known as
the capital removal bill Section 1885
reads as follows:
The Legislature shall bold it's first ses.
sion at such time and place in the terri.
r,itory as the governor shall appoin. and
direct; but AZ soon thereafter az
may be deemed expedient the governor
and Legislature shall locate and establish
the seat OF government at such place as
they may think proper; but such place
shall thereafter be subject to be changed
by the governor and legislative Assem-.
bly,.
The capital commission act provides
that the governor may temporarily. by
written order, locate the capital of Da
kota, pending the completion of the
buildings at the place selected by the
commission. As this act has been de.
clared invalid by d court of competent
jurisdiction it cuts no figure in the case
at the present time. The section
quoted from the organic act has no ref.
erence whatever to the present case, the
power conferred by it having been ex-
hausted over twenty years ago by Gov
ernor Jaynes in designating Yankton as
the place where the first session OF the
Dakota Legislature should be held
In issuing this order. based upon moth
ing whatever in the way of legal author.
ity, the governor has made himself su.
premely ridiculous, besides placing him
self in the attitude OF one who deties the
power of the courts. He has held that
because his order ante. dates the decision
of Judge Edgerton, it does not come in
conflict with the edict from the court.
But it was served on the 22d Of Septem.
Der. week after the finding of the court
had been made public, and by special
supplemental instructions from the gov.
ernor after he had been apprised OF the
action OF the court in the premises.
One of the notable points in the order is
his direction to the secretary to permit
the territorial library to remain at Yank.
ton. The statutes provide that this lib
rary shall remain under the personal care
and custody of the secretary and it is by
far the largest and most valuable por-
tion of his charge. 1t is probable that
the governor did not desire to place him
self in open conflict with the supreme
court, which insists on holding its ses-
sions at Yankton and finds constant need
for the books within the library during
such sessions. And finally the governor
omits to place the great seal upon the
document which he calls an executive
order, and the attestation of the secre.
tary, necessary upon all state papers. is
conspicuous by its absence. The reason
for these omissions is apparent. The
great seal is in the possession of the Sec
retary and both are lodged at the capital
at Ianktop, where they are inaccessible
to the gubernatorial tramp who has
pitched his official tepee at Bismarck.
An opinion from the territorial attorney
general takes the place of these most
necessary trimmings. In this opinion
the attorney general passes upon hi.
own act and says it is legal and of bind
ing force. Modesty lie not an ingredien,
in the make up of the chairman of th,
capital commission.
After perusal OF til,
order from the governor, Secretary Tel
ler takes up his pen and proceeds to de
molish the theory upon which it was con
structed. This he accomplishes in
document bristling all over with stronl
legal points and betraying the finished
lawyer in every sentence. 1t is cold ant
formal but thoroughly respectful. l
deals in facts. 1t politely charges th,
governor with an attempt to coerce tn,
writer into an alliance with the capita
ring, against his expires led conviction
that such course is not compatabI,
with his duties rs secretary of Dakota
1t informs the governor that territoria
secretary is not subject to the orders O
u territorial governor-that the opinion
of the territorial attorney general has n
bearing upon this case. It declares tn
allegiance of the secretary of the terrific
~ to its proper head, the interior depart
ment, and finally asserts in positiv
terms that the secretary refuses to ODE
the order to move the records OF h
ctlice to Bismarck. The question no
arises, what will Ordway do about IT
After exposing himself to the widest cri
icism by an act of supreme folly. til
!. chief officer OF his government. decline
/, to give any aid in carrying out IL
!. ! scheme to defy the law, the courts an
the people. Ordway's last act was II
GROWING mistake of his life. The pos
tion assumed by Secretary Teller WI
commend him to the people. He has take
no par. in the capital fight. He b.
held himself aloof from the official ,ir
which concoctcd the corrupt scheme. =
fusing to give even personal assent
t~o~ .,e ;ts xx.n.ocx;o,. II. L..