The Dickinson press., 1883-12-08
ABOUT DAKOTA q r

An Account Of the Judicial system Under
Which the Laws of the Territory are All
ministered-The Capital Commission Bill,
and How the Question is Regarded by tho
Lawyers and Officials.
lANKToN, Special Correspondence, Nov. 20
1t seems to be a hard matter for many people
IN Dakota-where so many thousands are new
comers-to say nothing about those outside, to
understand the judiciary system of the Terri
tory. The matter is simple enough, and yet
there is, among many people, a decided mis-
understanding concerning it. In the first place.
let it be said that the judges for the Territory,
like the most of tho other officers, are ap-
pointed by the president. According 10 the
common practice, Dakota has three Judicial
districts for United States district court, and,
therefore, three judges under the pay and
appointment OF the Unitod States governments.
The First district embraces the Black Hills
counties, the court sitting at Dealwooa;
the Second district, substantially ali
the country south Of the forty-sixth parallel,
and east of the Missouri, the court sitting at
Yankton; tla Third district consists of all of
North Dakota, with Fargo as the place for
holding court. Although a new distric. was
created by congress q few wears ago, the
entire Territory is still divided into three dis
tricts for United States cases. All oifenscs
aga inst the United States, such rs making or
passing counterfeit money. fraud in the pro
curement of land, robbing the mails, or crimes
committed on tho Indian reservation, are tried
before these United States district courts.
One of the judges, OF course, lives III each of
these districts; and, in addition to his duties
as judge OF the United States district court, he
holds regular term. Of court in each county
of his district, and these courts arc called
district courts for such and such IL COUNTY.
They have Jurisdiction over all matters that
do not come before tho United States court,
except such matters as come regularly before
the probate judges, who are the only other
judges i'll tho Territory. As the Territory de-
veloped. the county court business became so
extensive that one judge could not possibly
make the circuit of u section of conntry as
large as the State of Ohio. Application was
therefore made to congress for a new district,
and a bill was passed making the Follrtll dis
trict out of the eastern portion of tile Second.
AS congress refused to make the Fourth dis
trict a United States court, it has jurisdiction
over county matters only, and the Second dis
trict still embraces all of Southeast Dakota for
United States purposes. Thus it viii appear
that whlle the chief justice is Judge for ali of
Southeast Dakota for United States eases, his
eastern portion of his district for
county court purposes. This Fourth
district in general terms embraces the two cast
ern tiers of counties, from the Missouri RIVER
northward to the forty-sixth parallel. Chief
Justice A. ]. Edgerton is Judge of the Second
district; Associate Justice William L. Church,
of tho First; Associate Justice S. a. Hudson,
of the Third, while a vacancy exists In the
Fourth district, by reason of the death of the
late Judge jefferson 2. kiddor. The Fourth
of q new judge is anxiously looked FOR. The
salary of the judge is $1,000 per annum The
supreme court of the Territory sits twice a
year, and it consists of all four of the judges,
all of whom sit on every case. 1t, therefore,
takes the concurrence Of three Judges to re-
the others agree with "a Judge from whom an
appeal is taken, there would then be IL tie. and
the decision made below would stand.
THE CAPITAL COMMISSION BILL.
One of the most important cases thai has
ever come Eefore the supreme court is the bill
for the permanent location OF the seat of gov
eminent of the Territory. The public well
understand that, under the authority of this
bill, the capital commission located the scat of
government at Bismarck; thausultw was brought
the constitutionality of the bill: and that Judge
Edserton decided against the defendants, for
ever ousting them from such Office as capital
commissioner. The defendants appealed TO
the supreme court, giving bail for the costs,
| and the case will como up for argument and
review next May. From What has been before
said, it will be seen that, unless the otiior three
judges all agree to reverse Judge Elsertou. his
decision will stand; and in that case, so lar as
the courts of the Territory are concerned,
the bill will be defeated, ard Yank:on
will be the capital of tho Territory
Where is the capital now il an interesting
question, and there seems to DO two sides to ii.
Down this way the attorneys for the plaintiffs
and most all the other people maintain
that the work of the capital commission
was completely overthrow by The de-
cision of Judge Edgerton; that lis decision
virtually declared the law Unconstitutional and
that the commission has no loyal existence nor
can it have until Judge Edgerton llas been re-
versed by the supreme court. The other side
declare this position to be absurd. That by
reaeon of their having appealed and given
bail, Judge Edgerton's decision is held com
pletely in allegiance until the case eau be re-
viewed by the supreme court; that the com
mission is a legal body; that its acts have been
done under the authority of tho law; that Bis
marck is now the capital OF Dakota, and that
the commission cannot be cstopped from tho
performance Of such acts as they were uu-
thorized under the removal bill to do.
AS a house the Territorial government is d.
vided. The governor and the auditor have
located at Bismarck; while the secretary and
treasurer remain at Yankton, both OF these
officers having refused to comply with the
order OF the governor to move. Secretary
Teller is just az firm in his position that Yank-
ton is the capital as Gov. Ordway is that the
capital is at Bismarck, and III the official
papers each one considers his respective To-
saiity the capital of Dakota.