The Warner weekly sun. (Warner, Brown Co., Dakota [S.D.]) 1883-1885, 1884-07-04
GOV. ORDWAY'S PROCLAMATION.
NE Orders the Secretary and Treasures OF
the Territory TO Immediately Rem0wa
their oficas. Ia Bismarck.

he Orders the Secretary and Treasures OF
the Territory TO Immediately Remove
their oficss. to Bismarck.
YANKToN, Oak, Special Telegram, June
27.-Goy. 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 nm act, which was approved and
concurred In by the governor on the 18th day
of March, 1888, entitled. San. act to provide
the Territory of Dakota, and for the erection
OF public buildings thereat.n and.
Whereas, By force OF law a 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-
ton OF a.cepital building, the same was de-
clared 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 10 thereof, q suitable build
ing having been r-ovided for the use Of ter
ritorial officers, written orders were issued
by the governor on the 11th, day of Septem-
Der, 1883, directing the secretary OF the ter
eAeD~y tNtSSA&AAy "a. AAAlIVA AHA oACAH-
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 Id the city OK
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
Wharaaa Tho uonwa<n~r - Az -
James IL Teller, and the treasurer of the ter
ritory, William H. McYay, have refused to
comply with said order of the governor.
issued under provisions of the act aforesaid,
presumably upon the gIound that the valid
lty OF the law passed and approved as afore-
said was questioned and before the court for
adjudication; and
Whereas. Al the May term of the supreme
court OF the Territory OF Dakota a decision
was rendered by the full court upon the ques-
tion at issue regarding the validity OF the
law before recited, as will appear by the
following copy OF the record.
United States Of America. Territoryof Dakota
La supreme court; appeal from district court,
Yankton county, Territory of Dakota. ex rela-
ton Il. q. Smith, district attorney for the
Second Judicial district OF Dakota Territory,
plaintiff, respondent, against Milo w. Scott and
others, defendants and appellants; May term,
1854. This action coming on to be heard at
the May, a. D. 1884, term OF said supreme
court from the City Of yankton, Oak,
Fl Rrs Church f. and Il I aSs & /. 9 Pafme %sas sssoei Msil lasa
tlces and the appeal having been argued by
William r. Villas and W. T. cloueh, Esq, for the
s eana5s ana by NJ. Moody. = Iripp and Z
court having advised thereon, Ii is now here
considered, ordered and adjudged that the judg-
Yankton con county spp eoies from herein aeh .Y 81 and ans
the same is hereby reversed, with directions to
the district court to enter Judgment for defend
ants on the pleadings. and tt liz further ordered
that this cause be and the same Il hereby re-
manded to the district court for further pro-
ceedings according TO law and judgment Of this
court and IT. is further considered ard 2djudged
that appellants have leave to recover OF respond
ents their costs and disbursements on this APP
peal. expended tax and allowed 1t by the court .
A. j. Edgerton, chief Justice supreme court Da~
k0ta; Edgerton, chief justice dissenting.
IFollowing this decree is given o certificates
OF the clerk OF the supreme court as to It's
correctness.
And whereas, It is within the knowledgee f
the governor that The capital commissioners
named In the act aforesaid, nave made suit.
able provisions for all territorial officers at
the city of BismaTk and have also given as
surance to the governor that q permanent
on OK before July 80, 1884; now, therefore,
/, Nehemiah g. Ordway. governor OF the
Territory of Dakota, do issue this, nv proc
lamation, ordering and directing the said
James II. Teller, secretary OF the territory,
and William III Mcyay, treasurer OF the ter
ritory, and all other territorial officers who
by law are required to have and keep
their offices at the seat Of government
or capital of the Territory of Dakota.
10 remove their respective Offices from
the city of Yankton, countx OF Yankton,
together with the archieves, books, records,
papers and property of every 4 and de.
scription appertaining thereto, to the city of
Bismark, In the county OF Burleigh, IN said
territory. on or before the 3Oth day OF July.
A D. 1884, at which place, under provisions
OF law, / hereby order and direct that the
and all other public territorial
business shall be transacted which is required
to be performed at the capital
In testimony whereof / have hereby set my
q and affixed the great seal of the Ter
ritory OF Dakota this Goth day OF June, In
the year OF cur Lord one thousand eight
hundred and eighty-four.
fSigned1 N q ORpwAY, Governor.
JAMEs II. TELLEE, Secretary.
Gov: Or1way says Bismarck is un-
q~uestionably the capital Of Dakota. and be
felt boun to issue this second order 1t does
not take effect until after the expiration Of
the sixty days stay Of proceedings granted
by the supreme court
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