Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1884-06-14

of the indictment against Ordway upon
technicality-will be commented upon
by every Dakota newspaper during the
next month. Those papers devoted to
his personal defence will herald it as
victory for Ordway and those papers
which denounce his methods will see in
it successful effort to evade the
developments the trial was certain to
produce. The procurement of the in.
dlctment was wrongfully charged to the
malice of certain members of the grand
Jury, but as that charge originated with
other members of the grand jury who
are notoriously the friends and defenders
Of Ordway, it can carry little weight.
Had the case gone to trial upon its
merits the public would have become
fully convinced that the grand jury was
justified in finding an indictment. The
duty OF grand jury is to examine into
cases brought before them and to return
indictments if they believe there is suffi.
clent cause for judicial enquiry into the
acts of parties under investigation. In
the case of Governor Ordway there was
ample evidence to constitute such cause.
This is known to be the case without in.
truding upon the secrets of the grand
jury room, because numerous afidavits
asserting bribery in the organization of
Faulk county were made public long be.
fore the grand jury met. Men came for.
ward and swore that they were required
to pay money and land before they could
secure the performance Of an executive
duty required by law, and that money
and land were paid as preliminary te
the organization of Faulk county. This
act is the act of bribery and upon The
presentation of such evidence as hat
been made public the grand jury would
have violated its oath had it declined t.
permit the indictment. The evidenc,
does not show that this money and lane
was paid into the hands of the governor
but it does show that it was given to
man deep in the governors confidence il
official, business and domestic relations
1t is further fact that the governor j
the only man possessing absolute con
troll of the organization Of counties an
if lie was not an active participant in til
deal, he must have permitted the man il
his confidence to use the official powe
, reposed in him by the statutes.
It was for the purpose of decidin
whether the govsrnor was al active or
passive instrument in the hands of spec
ulative friends that this trial of the cas-
was ordered, and it is to be regrette
that the opportunity to justify the cor
clusion of the grand jury is lost throug
: q rule which declares that the chief ex,
j. cutive Of the territory is not answerabl
to the criminal laws of the territory, 8
long as criminal acts charged come will
in the purvicw of his official operation
1t IS in effect held, for example, that if
governor of Dakota accepts o brit
through which the bribers procure IL
location of county seat to their ow
advantage, such governor cannot be q
rested and tried for the crime, simp
because he is governor. They tell ,
that the remedy IN such cases is remov
from Office, but as the courts, the Ia,
and the people have not the power
accomplish such removal, the renee
does not apply.
1t had been supposed that the defer
ant in this case was sincere in his ass,
tion that he desired full Investigate
of the charge against him, and as su
an investigation as seemed to fit his ,
sires could come only through the u
trial offered him, it is matter of gra
surprise that he should, at the criti
moment, dodge the coveted inquiry a
shield himself behind legal technic.
: ty which forever prohibits the right
of the great wrong he alleges has bt
placed upon him. If Mr.. Oruway
sincerely desired an opportunity
place oil the evidence in this case bef
the public, in exoneration OF himself,
would have waived his privileges as z
ernor aud asked that the trial proce
That he has not done this, after all
bluster in behalfo his own innocer
T leaves the suspicion that hs dared