The Kimball graphic. (Kimball, Brule County, Dakota [S.D.]) 1883-1905, 1884-07-11
GOV. oRDWAY'S PROCLAMATION.
He Orders the Secretary and Treasurer Of
the Territory to Immediately Remove
their Ofices to bismarck.

the Territory to Immediately Remove
their oices to Bismarck.
YANKroN, Oak, Special Telegram, June
27.-Gov Ordway, who has been here for a
month past, left this morning for few days
absence at Bismarck, Last evening he drew
up the following proclamation, copies of
which were to-day served upon the territorial
secretary and treasurer:
Whereas The Fifteenth legislative assem-
bly, passed an act, which was approved and
concurred in by the governor on the 18th day
for the location of the seat of government for
the Territory Of Dakota, and for the erection
Of public buildings thereat;" and
Whereas, By force of law certain parcel
of land within the limits of the city Of Bis
marck, county of Burleigh, was secured for
the benefit of the Territory of Dakota, laid
out into squares of suitable landscapes in ac-
cordance with said act, suitable for the loca-
tton of a capital building, the same was de-
ciared by written. opinion of the territorial
attorney general to be the permanent seat OF
government of the Territory OF Dakota; and,
Whereas, In pursuance of said act as set
forth in section 16 thereof, a suitable build
Ing having been provided for the use Of ter
ritorlal officers, written orders were issued
by the governor on the 11th day of Septem-
Der, 1858, directing the secretary of the ter
ritory, attorney general, auditor and treas
urer. to remove their respective offices, to-
gether with archives, books, records and
papers pertaining, to the place there pre-
pared, or some suitable place in the city of
Bismarck; and
Whereas, The attorney general and the
auditor complied with said order within the
time specified therein, and the executive de-
partment was removed from Yankton to the
city OF Bismarck, where executive business
has been transacted; and
Whereas The secretary of the territory,
James Il. Teller, and the treasurer of the ter
| ritory, William H. McVay, have refused to
comply with said order of the governor,
presumably upon the ground that the valid
ity of the law passed and approved as afore-
said was questioned and before the court for
adjudication; and
Whereas. At the May term of the supreme
court of the Territory of Dakota q decision
| was rendered by the full court upon the ques-
| ton at issue regarding the validity of the
law before recited, as will appear by the
following copy of the record:
United States of America, Territory of Dakota.
Yankton county. Territory of Dakota, ex rela-
| tion E. G. Smith, district attorney for the
Second !. judicial district Of Dakota Territory,
plaintiff, respondent, against Milo w. Scott and
others, defendants and appellants; May term,
S 1884: This action Ct &C coming on to be heard at
from the cy of q YanRon nia DaR
present A. ]. Edgerton, chief justice; William
| =. Church, and and G. L. Palmer, associate JUS
WiIam Villas md Goo oseI Es alk9er 9er bs
appeliants. and bY a. d Moody Trinn AN and III
| Il. Gamble, ESQ, for the RESPONDENTS, and the
court having advised thereon, it is now here
| considered, ordered and adjudged that the judg
| ment Of said district court within and for said
hanKton county appealed from % herein be and
the sr y wsn f 20
n e enVer or
that this case he and the same ~ is herebu Te.
| manded to the district court for further pro-
ceedings according to law and judgment of this
court; and it is further considered and adjudged
that appellants have leave to recover Of respond
| ents their costs and disbursements on this APP
peal expenned tax Sat ana allowed 1t by the court
fota. Edeertnn chief imstice Sissenting ooui' "a
TFojInwin9 this Gecree IL oiveu cart,3cate
of the clerk of The ~ supreme n court a. tots to it's
correctness ~e'--' - " i''
And whereas, It is within the knowledge Of
the governor that the capital commissioners
named IN the act aforesaid, have made suit
noae t Rrosisohs w aor an terriIorial omcers az
surance to the @oyernor @ % that s1 nerroansnt s s
capitol building viii be ready for occnnancy
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