Hand County press. (Miller, Dakota [S.D.]) 1882-1893, 1883-09-26
DAKOTA.


from Governor Ordway was served ON the
Territorial secretary, auditor, treasurer
and superintendent Of instructions, in
structing them to move their office and
records to Bismarck. The service Of the
| order was delayed by messenger who ar
rived here on the 18th, because of Edger-
tons decision. After receiving further in
StructIons from head quarters the order
was served in spite of the judgment ofthe
| court. 1t is accompanied by a long opin-
ion by the Attorney General Of the Terri
| tory. 1t is probable that none OF the Off
GERS, except the auditor, will obey the or
der. The auditor is the son Of tho gov
ernor, Judge Edgerton is absent aud an
| injunction process cannot be resorted to.
Mandamus proceedings will come later.
| The above order was served on James
II. Teller, secretary Of Dakota, authorizing
/ him to move his Office. archives, books,
records, papers, seal and all public pro-
/ perty in his possession TO Bismarck, except
| the Legislative furniture and territorial
]
fifteen days. Teller replied under long
letter TO Ordway, which is q complete
! legal document and declines TO obey the
order, taking the ground that before re-
ceiving decision from the court on a
subject in case of dispute regarding the
seat of government, the secretary is Judge
/ f the situation, and that he is subject to
orders only from the Z. 5. Government as
he is the custodian Of Government proper
! ~. In the absence Of judicial ruling he
holds that he is competent TO decide
4 whether or not the change is dcsmbl
He says in any event that if he is suhjc t
TO removal by order such order must come
from the head Of the department TO which
his Office is properly subordinate. Refer
nng to the decision OF Judge Edgerton,
declaring the capital commission act un-
constitutional, Teller says AS sworn
officer of the government l recognize a
peculiar obligation to regard not only the
letter but the opinion of the law until re-
vorsed BY a court of competent juIisdic
tion, | cannot consent TO be party to
any act which will appear to disregard it. "
He therefore declines TO obey the order
and wishes to be understood as having no
personal interest in this controversy.
Barney Caulfeld believes that Congress
Will admit South Dakota during the com
ing session, with pToviso in the admis-
sion act that its electoral vote shall not be
counted in the next Presidential election
In the case of Delos Sergeant and Leon
ard Woodwork who We're taken before
Commissioner Ordway at Pierre by Maj
Burke, charged with making fraudulent
entries in the Huron land office, the form
er wes placed under $500 bonds TO appear
at Yankton at the next term of the United
( States court. Woodwork waved eyarUiu-
alton and his case will be tried also, at tie
same time.
The register aud receiver Of the Huron
land Office have received from the com
missioner, letter &C" an extract of which
pertaining TO contest is regularly instituted
and is withdrawn at, or before the day set
for trial, it will be considered as defaulted
and as such will be treated. second
contest cannot lie instituted by the same
person upon the game grounds.
Salem Register; Wednesday gang OF
Northwestern raiiroaders came 80 Salem
with the cowboy" intention of taking
the town. They were determined to whip
Sheriff White, bat the attempt was grand
fizzle, and they were convinced to make
up their minds TO let the job. When one
0f the gaTS struck AZ the sheriff the pic
mic opened and for few minutes blows
fell thick and heavy from every quarter, as
the boys around town picked into the gang
with a determination to take them dead or
alive, and beer bottles, rocks, clubs beer
kegs, billiard cues etc. filed the air. The
victory WAS n easy enc, ard when the
battle was OyCg, three rnilrolders lay pro-
strato on the street in front Of McLgue d
Hauser's saloon. while three or four 9th
ers were badly sounded.
WIN. d. Want WoTd. Of Howell, has
purchased the Faulkton aad Miller stage
rousc.
Huron Times, lS: 1T was rumored Mon
day that the lion. Geo. II. Hand had re-
ceived the appointment OF attorney for
The DaLuta Central division OF the North
western railway
A recent Washington telegram says:
Office are daily reporting cases Of the fraud
ulent entries OF land, which are at once
cancelled. From July up to date, there
have been cancelled l3l entries and filings,
embracing all classes Of land, in nearly all
the land districts. The largest number
was in Dakota, but that is attributable to
the fact that the greatest amount Of land
business is now in that territory. The
cancellations are based on reports showing
the original entries TO have been frsudu-
lent, or upon rclininishment, providing
that there was fraud at the beginning.
There is large number of special agents,
and transactions at the land offices are be-
ing closely watched.
Pierre Signal; 1t now seems to be gen
orally acknowledged by senators and mem
bers Of congress. as well as others who
have given the subject consideration that
the reservation will be opeued early this
winter. This would be Justice TO thi ssec-
tions Of the country as well as to all who
are entitled TO take advantage of the land
laws of the United States.
Sioux Falls Press: The Bismarck BOOM
ers are striving to cast discrcdit upon
Judge Edgerton's decision against the
capital commission, by questioning its au-
thenticity and alleging that il has been
given to the public without authority.