Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1883-04-06
district attorney for the second judicial
district OF Dakota, complains OF said de-
fendants and alleges:

oistflct attorney for the second judicial
district OF Dakota, complains OF said de-
fendants and alleges:
!. That on the llth day of February.
1867 the governor OF the territory of Da.i
kota, pursuant to the act organizing the
Of Dakota, duly appointed the
city of Yankton in said territory as the
place for the first meeting of the legisia.
tive assembly Of the territory of Dakota,
and duly appointed the time of sucL
meeting. That the said legislative as
sembly met at the time and place 30 ap.
pointed; and afterwards. to.wit: on the
9th day Of April, 1862, the said governor
and legislative assembly proceeded to
locate and establish, and did on that day
locate and establish the seat of govern
ment of said territory at the said city Of
1ankton, BY an act entitled "An act to
locate the seat Of government of Dakota
Territory" approved April 9Th, 1882, said
city being the same place as the town of
y, Yankton mentioned in said act.
That the said city of Yankton
has ever since been. and is now the law
ful seat OF government of said territory;
and all the sessions Of the said legisla-
tive assembly have been held at that |
place; and the territorial Offices have
been ever since held thereat; and all the
public records, books, papers, Documents
and archieyes of said territory have been !
and still are kept at said seat of govern. |
ment; and said seat OF government has
never since been changed by the govern.
or and legislative assembly of said terri.
tory as provided by said act organizing
the territory of Dakota.
2. That the above named defendants
were appointed commissioners for the
purpose OF locating permanent seat of
government and the capitol building of
the territory of Dahp, under and by
virtue of pretended act of the legisla-
tive assembly of the territory of Dakota,
entitled, IAN act to provide for the loca.
ton Of the seat of government Of the
territory of Dakota and for the erection
of public buildings thereat," approved
March 8th, 1883, which said appointments
were and are in violation of said act or.
ganiziug the territory Of Dakota.
3. That after that date, to.wit: On
or about the 3rd day of April, 1883, the
said defendants as pretended board for
the purpose above mentioned under said
pretended act, without legal warrant,
each usurped SAID Office of commission.
ers and without warrant have usurped
the right, privilege and franchise Of nam.
ing the seat of government under said
pretended act, and have ever since un.
lawfully held and exercised said Office
right, privilege and franchise, and are
proceeding to change and to permanent.
J ly locate said capital and seat of govern
ment of said territory at some othe
place than the city of Yankton unde
said pretended act, in violation of Law
and said act organizing the territory O
} Dakota.
4. That each of said defendants ar
, usurping and exercising said ALLEGED
rights and franchises arising under sale
: pretended act, and are drawing and are
about TO draw and collect each the sun
tof six dollara per day for their pretende
i lservices as such commissioners. from th
9 public moneys belonging to the territol
n and from the treasury OF said territory
. and are also procuring surveyor an
{. assistants to locate said seat of govern
ment, under section nine of said pr
70 tended act. at a like expense of $3.50 pe
f day, and are drawing large sums {
II money from the territorial treasury fl
l. alleged expenses as such commissioner
b for team hire, stationery and other e
d penses.
Wherefore the plaintiff demands jud
It ment that each Of said defendants Is n
d entitled to said Office, and that they
10 ousted therefrom. That said pretend.
10 act, and all acts done or peri ormed /
q. said commissioners be declared illeg
1t and void. and that each of said defen
q ants be declared not entitled to exerci
p any night, privilege or franchise und
" said pretended act. 3. G. SMITH,
T District Attorney of the Second Judici
Il District of Dakota.