The Dickinson press., 1884-07-05

comply with said order OF the governor,
under provisions Of the act aforesaid,
upon the g1ound hat the valid
tty,o 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 o decision
was rendered by the full court upon the ques-
ton at issue regarding the validity Of the
before recited. as will appear by the
following copy of the record:
United States Of America, Territory of Dakota.
In supreme court; appeal from district court,
iankton county, Territory of Dakota, ex rela-
ton n. G. Smith. district attorney. for the
plaintiff. respondent, against Milo w. Scott and
Others, defendants and appellants; May term,
1884: This action coming on to be heard at
court from the City Of Yankton, Oak,
present A. J. Edgerton, chief Justice; William
y. Church. and and g. L.. Palmer, associate jus
William T. Villas and W. ?. Cloueh, Esq, for the
appellants, and by G.. {. Moody, B. Tripp and j.
r. 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
Yankton. county appealed from herein, be and
the same is hereby reversed, with directions to
the district court to enter judgment for defend
ants on the pleadings; and it is further ordered
that this cause be and the same is hereby re-
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 ap-
peal, expended tax and allowed it by the court.
A. j. Edgerton, chief justice supreme court Da-
kota: Edgerton, chief justice dissenting.
Following this decree is given a certificate
of the clerk of the supreme court as to its
correctness.
And whereas, 1t is within the knowledge OF
the governor that the capital commissioner
named in the act aforesaid, have made suit
able provisions for all territorial officers at
the city of Bismark and have also given as
surance to the governor that a permanent
capitol building will be ready for occupancy
on or before July 80, 1854; now, therefore,
I, Nehemiah G. Ordway, governor of the
Territory of Dakota, do issue this, my proc
lamation, ordering and directing the said
James Il. Teller, secretary of the territory,
| and William II. McVay, treasurer of the ter
ritory, n all other territorial officers who
by law are required to ave and keep
their offices at the seat of government
or capital of the Territory of Dakota,
the city of Yankton, county of Yankton,
together with the archieyes, books, records
papers and property of every kline and de
scription appertaining thereto, to the city OF
Bismark, in the county of Burleigh, in sale
territory. on or before the 3Oth day OF July
A. d. 1854, ut which place, under provision.
of law, l hereby order and direct that the
executive and all other public territorial
business shall be transacted which is required
to be performed at the capital.
In testimony whereof l AVE hereby set IN,
hand and affixed the great seal OF the Ter
ritory of Dakota this 26th day of June, il
the year of our Lord one thousand eigh
hundred and eighty-four.
[signed.l N. G. ORDwAY, Governor.
JAMES H. TELLER, Secretary.
Gov. Ordway says Bismarck is un
q%uestionably the capital of Dakota, and h
felt bound to issue this second order. 1t doe
not take effect until after the expiration o
the sixty days stay of proceedings granite,
by the supreme court.