Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-09-17
HE FEELING AT BISMARCK.
Work On the Capitol viii be Proseeut-
ed With Vig0r fill Snow Flies.
Ispecisl Telegram to the Clone l

lSpecial Telegram to the Glopel
YANKToS, ID. T., Sept. l5.-There is
much rejoicing here over the decision of
Judge Edgerton on the legality of the act
creating the Dakota capital commission.
The decision is substantially as fellows:
The Judgment of the court in the quo
warranto proceedings against the capital
commissioners recites, after setting forth
The title OF the case, the fact that the case
vas argued before the court at the special
term in August The Judge (Edgerton)
says: "The summons, with copy of com
plant, having been duly and personally
served on each of defendants named, and
aid defendants having each duly appeared
aud served an answer to said complaint,
aud this case having been regularly called
FOR trial in its order on the calendar at the
July, 1893, special term of this court, and
plaintiffs appearing b, their attorneys
moved tor judgment on said pleadings,
and by consent IN open court both of said
motions were tried together, and the court
having listened TO the arguments and be-
ny advised in the premises, and having
duly considered the arguments, overrules
he motion for defendants and grants and
allows the motion of plaintiffs. and it is Or
dered that SAID defendants and each and
Ill OF them be and they are hereby for
everousted and exclu led from said Office
Of commissioner mentioned N said ct in
the complaint and from the franchises
and privileges named, enunera ted or in
Guided therein, and that the plaintiff have
the p ivilege of recovering the amounts
expended by sa1d com missioners.
This decision is regarded as fixing the,
capitol at Yankton. 1t will require a
majority decision of the supreme court to
override that of Judge Edgertoa.
THE DECISION AT BIsNABoK.
Especial Telegram to the Globs
BIsMARcK, Sept. 15.-The pompous dis
patch from YaRktoH received at Bismarck
this morning, asserting that Judge Edger-
con had ousted the capitol commissioners
forever and awarded costs against them
has caused more msrriment than anxiety
here. The fact pending the decision of
Territory up to the final decision of the
supreme cours of the United States where
the capitol removal bill will surely be
taken by one side or the other, that the
commissioners will continue de facto and
their acts will have full force and effect,
leaves Bismarck entirely tranquil. The
law passed by the lastlesislative assembly
absolutely repeating chapter one
Of the political code which
fixed the seat Of government
at Yankton is in no way affected by
Judge Edgerton's decision, and leaves the
governor by analogy in tho same position
as that of the first governor of the terrific
ay, who Is authorized by the organic act
20 designate the seat of government and
continue ittbece until the governor and leg
isiative assembly shall Jointly fix per-
msnent location. 1t is therefore plain
toat Yankton IS no longer
the seat of government, and
that the governor will designate Bis
marck as the capital, where it must remain
until the governor and legislative assem-
bly, jointly select some other place. With
two such safeguards IN the United States
and territorial laws, and as the building
furd and lands have been donated, lots
will be sold and the capitol building
pushed to completion before the Christmas
holiday, and Bismarck will receive no
shock from the rumored decision of a
single judge.
The contractors of the capitol building
called On the commissioners this evening
and assured them that they were ready so
go on with the work and that they were
about to double the number of electric
lights and largely increase the force. They
have an abundance of brick, stone and
lumber on the ground, and would
lay fifty thousand brick a
day until the work is completed.
A conference of members of the board and
leading citizens was held this morning,
and the opinion was unanimous that the
supreme court of the United States was
just as sure to reverse the alleged decision
in this case as they did that of the Yank-
ton county regulators, who succeeded in
getting a majority of the judges to decide
against the legality of the bonds, notWith-
standing these bonds ha! been validated
by congress.
, Al conference of holders of real estate
II was decided to push improvements as
rapidly as possible, and finish up 200
houses and business blocks before Christ
mas. The capital commissioners have
completed the minimum appraisement of
the 800 lots laid ont around the Capitol
park, and published an advertisement des-
iguating Oct. 90 as the day to commence
the sale of these lots at auction, and this
action having been taken before the
alleged decision was male public, there will
be no question bat what the lots will be
sold MT The time euecjfied