Union County courier. [volume] (Elk Point, Union County, D.T. [S.D.]) 187?-1913, 1883-05-02
A DEMURRER.
Action Ofthe Commissions Al.
tOrheJS.

Action Of the COlklm iSslOlAs Al.
tOrneJs.
On the Both of April, Capt. Alex.
Hughes, acting with Hon. VIM. +.
Villas of Madison, Wis, as attorneys
Tor the capital commissioners, served
upon the attorneys for the plaintiffs
papers demurring to the writ Of
q"o tearrunto recently served upon
the commissioners. The charges
made in the quo uGrraato writ were
that the commission bill was not a
constitution nal measure; that the
commissioners were usurping the
office and were about to use public
fund without authority, etc. One
set Of these papers were brought by
the territory on the relation Of +.
f. G. Smith, district attorney, and
the other on the relation Of the city
of Yankton. In the one on the re-
ia.ion of Il. 8. Smith the defend
ants admit that the seat of govern
ment was at Yankton, and aver that
the governor and legislature passed
the act for the removal, and said act
has been published and fully set
forth; that the defendants were sec
ended in said act as commissioners
for the purpose Of locating pern,a-.
nently the the seat Of government
and capital building Of said terri
tory. Before commencing their
duties they gave bonds in the sum
Of $4,000, with good and sufficient
sureties, approved by one of the
justices of the supreme court, con-
ditioned or faithfully carrying out
the provisions of the bill. Also
took oath, as directed by the act,
and have entered upon the dis
charge of the duties committed to
them by the said act; that said act
has been in force since March s, and
that the appointment Of the defend
ants is not in violation Of any law
or act of congress; that defendants
have not nsurped said employment
nor acted without legal warrant.
they deny that they are proceeding
to change the seat OF government OF
said territory, bnt aver that the
same has alreatly been changed and
removed from said city Of Yankton;
they deny that they are drawing
or are about to draw any money
whatever from the public treasury
Of said territory, or belonging Il,
| for their services or otherwise, or
that they are procuring any person
or persons to draw any sums Of
money from said treasury, but aver
that thsy have taken nc steps and
intend to take none to impose OF in
cur .any expense upon said territory
except such as may be payable from,
and only from the funds in said act
provided for; and that all other acts,
dQings or intentions are and have
beer strictly in accordance with tile
act appointing them to such employ
ment and duty, in which the city Of
Yankton il ~relator, defendants de-
murring as follows:
l. That several causes Of action
ale improperly united in one.
2. That said complaint does moi
state facts sufficient to constitute a
cause Of action against the defend.
ants.
3. The relator is not entitled tc
maintain this action.
In all the causes except that O1
Capt. Hughes the papers were
served outside Of Yankton county
and the defendants demand that thu
place Of trial be changed from
Yankton to the county in which thu
process was served. This will bring
the trial in Union and Lincoln coun
ties. Tire trial cannot take plact
!. for some months, and meantime tn
commission will go on with til
. work.