The Kimball graphic. (Kimball, Brule County, Dakota [S.D.]) 1883-1905, 1884-12-26
QunrArRE
Judge Smith Decides In the Sphinx County
OAK, Case that the Records Must be Re-
<,,-, "a go M i.

OAK, Case that the Records Must be Re
turned to Ashton.
After week Of great excitement Mt Redfeld
md Ashton, and painful anticipations of blood
shed, quiet was restored on Saturday by .
decision from Judge Edward Smith at Mill
bank dissolyipg the injunction heretofore is
sued against removing the county records from
Redfieid and ordering their return to Ashton.
His order is as follows:
Ordered That the injun chon heretofore is-
sued in this cause be dissolved; and it furth-
or ordered, that Arthur Lawrence, sheriff OF
Sphinx county, forthwith take all the books,
records, papers and property and things be-
longing to the officers of register of deeds and
county clerk, and also all books, records, prop
erty belonging to the office Of the probate jndge
of said county, now in the city OF Redfield,
Sphinx county, Oak !, and return the same to tho
places and Offices in Ashton, from whence they
were taken on or about the 9th day of Decem-
ber, 1854, and then deliver all such records,
books, papers, property and things to the said
officers to whose offices the same belong;
that after the said books, papers, records,
property and things belonging to the said offices
of the said probate judge, and the said register
of deeds and county clerk are returned to the
offices of such officers, the aforesaid officers
and all the county officers of the said county
shall keep their offices and books, records and
things belonging to their respective offices at
the county seat of said county, and the board
of county commissioners shall provide place
or places at the county seat of said county for
the keeping of said records until II shall be
otherwise ordered by this court, or other COM
petent authority in this cause or some other
proceedings, and this order and decision does
not determine or adjudicate III auy way the
question of where said county seat is legally
located.
It is further ordered, that the plaintiff have
leave to dismiss his complaint and action hero
in, without prejudice, upon the payment OF
the costs of this motion, taxed at SIS; or that
said plaintiff may, after said costs are paid,
and the deeds, county clerk and probate judge
herein books, records and papers of the regS
lister of described are returned to them respec1
lively at Old Ashton by the sheriff as herein
before directed, may within thirty days after the
said books and papers are 30 returned, amend
his complaint and prosecute this action.
Nothing in this order shall be construed to
adjndicate where the county eatislegally locat-
ed, or preclude any person from proceeding
by mandamus or other proper remedy to as
certain and establish the legal county seat, or
compel the officers of the said county to keep
their Offices and records at such legal county
seat after the books, records and papers of
said register of deeds, county clerk and pro-
bate Judge ere returned by the sheriff to such
officers at Old Ashton, is herein before direct
| ed Dated at Millbank, Craft county, Dakota,
SEWARD SMITH, Judge.
The Redield adherents while sorely realiz-
| ing their temporary defeat, propose commenc-
ing new proceedings by mandamus to compel
the county commissioners to establish the
county seat at Redfield, and the prospect is
good for a long-spun legal fight In obedience
| to requests Governor Pierce sent two military
companies. the Governors Guards and Dakots
| rifles, to Redtield hut happily their services
were not required to preserve the peace.
D. W. Moon, Esq. an intelligent merchant
1 of st Paul of the firm Of Allen Moon g. Co.
/ gives the following view of things:
81 arrived in Redfield on purely persona
business, on last Saturday week, the day OF
which the records were stolen from the cour
| great deal of excitement in Redtied, and tn
4 ringing of the fire bell with the collection o
4 groups of armed men, only added to 1t, Th'
600 men representing the county, who came t
assist the sheriff in taking back the record
i on Monday, dispersed quietly when the wri
was served, only leaving two Of thel
number, Messrs. Noyes and Lebrea
the Redfeld city hall, till the judges decision
was rendered Just which side is in the righ
| cannot say. Both present plausible stories
| and the court alone could draw the true line
consider the sending of troops there a yer
wise thing I talked with great many of tn
people, representing both sides Of the ISSUE
| and they seemed to be a sensible law abiding
set of men, and willing to submit to the deere
of the courts. The reports that the town wa
to be razed or burned 1 regard as sent out wit
the intention to disconcert the Redfeld peopl
and to prevent their concentrating their test
s mony in the courts The situation was reall
serious one, much more SO than was repre-
sented III the papers The people were veI
determined, though conservative They are
tine-looking set Of men, and the absence
liquor among them was d marked feature {
the demonstration. f"