The DeSmet leader. (DeSmet, Kingsbury Co., Dakota [S.D.]) 1883-1891, 1883-05-05
Answers in the Quo WarrantO Ca es,

YANKroS, OAK, Special Telegram, April
3O.-To-day Capt Alexander Hughes, acting
with Hon. William +. Villas, of Madison, Wis,
az attorneys for tho capital commissioners
served upon the attorneys for plaintiffs
papers demurrng 10 the writ OF quo warranto
recently served upon the commissioners Tho
charges made III the quo warranto writ were
that the commission bill was not constitu-
tional measure. that tho commissioners were
ursurping office aud were about TO use public
funds without authority, etc, One act Of these
papers were brought by the territory on the
relation Of l.. G. Smith, district attorney, and
the other on tho relation OF the city of lankton.
In the one on the relation OF Il. q. Smith, the
defendants admit that the seat OF government was
at Yanktcn aud aver that the governor and legisa-
ture passed tho act for the removal and that said
act has been published in full; further that de-
PENDANTS were seconded in said act as commission.
ers for the purpose Of locating permanently the
seat of government and capitol building of said ter
retory. That before commencing their duties
they gave bonds in the of $4,000
with good and sufficient sureties, ap-
proved by ono of the justices of the supreme
court conditioned on faithfully carrying out the
provisions of the bin; they also TOOK the oath as
directed by the acf, ami lave entered the dis
charge of the dUties commit TO them by said act
that said act has been IN force since March :, and
that the appontment OF defendants is not IN viola
ion of any law act Of congress: that defendants
have not usurped said employment. ror acted with
out legal warrant. They DENY that they are pro-
ceeding TO change the seat OF government Of said
Territory, but aver that the same has already
been changed and removed from said city
of Yankton. They deny that they either are
drawing or are about to draw any money whatever
from the public treasury nf said Territory, or be-
longing TO said Territory, for their services 9TH
erwise. or that they are procuring any persons to
draw any sums of money from the treasury, but
that they have taken 10 steps, and intend to take
none TO impose or incur any expense upon said
Territory, except such may he payable from and
only from the funds in said act provided for: aud
that all other acts. dongs and intentions and
have been strictly in accordance with tie act ap
pointing them to such employment and duty.
In the case which the city Of lankton is tho
reiator, defendants demurrer is as follows:
Frst-That the several causes Of action are i'm
properly united in
Second--That said complaint does not state facts
sufficient 10 constitute cause OF action against de-
| PENDANTS.
Third-That the relator is not entitled TO main
| tain this action.
In all the cases, except that OF Capt Hayes
| the papers were served outside of Yankton
county. and the defendants demand that the
place Of trial be changed from Yankton to the
county IN which process was served This will
| bring the trial In Union and Lincoln counties
The trial cannot take place for some months, and
meantime tho commission will so on with its
work