Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1884-02-15

inc dpPolllollSltt u eotAe' i' 'iNii
spective counties.
Deputy clerks can act only in the alb
sence of the clerk, and the clerk can be
absent, in this sense and under the code
of Dakota, only from his office or the
court. Very Respectfully.
n. c. MCFARLAND,
Commissioner.
We of coursehave no means Of know
ing what pressure was brought to bear
on Mr.. Mcfarland to cause him to
make such a ruling; but that some
thing may be said on the other side of
the question is evidenced from thefol-
lowing article from Il. c. Saunders
Clerk of the District Court of Ramsey
county d. T.:
The Hon. Commissioned the Gen
eral Land Office in a letter to the Reg
lister and Receiver of Sioux Fails, Da-
kota, decides that a clerk ct the Dis
trict Court, cannot take final proofs in
presumption and homestead case in The
Territory of Dakota except vhe clerks
of the said courts il counties where
courts are held. lie says that Il Ter
ritorial Code of Dakota author IS the
appointment of clerk Of the istricl
Court in each Of the coliiltit of q
district, who has power to perfarm all
the duties pertaining To such office,
when acourt is appointed in that coun-
ty.9
Let us see what the Code says: Sec. |
chapter II, Political Code, page 20, says:
The Judges Of the district counts re-
spectiyely shall have power TO .ppojnt
a clerk OF the district court in each Of
the counties Of his district, who SHAH
be q resident Of the district and q uUal-
fled voter thereof, who shall procure
and keep a seal Of the court for that
county. and. when courts are appointed
therein. shall perform all the duties
pertaining to that Office, and shall keep
his Office at the county seat of his coun-
ty."
The word therein evidently means
within the district, and not the county,
The punctuation shows plainly that
that is the meaning. The clause "who
shall procure and keep a seal Of the
court for that county," is separated
from the rest Of the sentence by com
mas, andis evidently parenthetical, and
the word therein" refers to the district
The Legislature evidently had some
object in passing this act. and it Cal
hardly he supposed that the Legislature
means to empower the judges OF th5:
court to appoint clerks for each county
!. of the territory, who should procure
and keep q seal for that county, and al
office at the county seat, furnished b.
the county, and in nine-tenths Of tn
, counties never be empowered to d'
f anything. It is very evident how al
the Judges Of the district courts hav
understood this law from the time 0
its enactment to the present tim,
They have always appointed clerks fo
4 each county, whether court was bel
> there or not, and these clerks have kel
their offices at the county seat, an
have performed the duties Of their O:
flee. These duties are administerin
+ oaths, recording commissions of Notal
les and other officers, taking acknow
g edgements, taking and according til
q declarations of aliens to become citizen
f recording transcripts Of judgment
~ taking proofs in homestead or rre-em]
tion cases, and homestead %pre1irrinar
f affidavits, Thousands ii. firth G}fbo:
+ and hcnzestead filings have 1HRa4ahh llfiat
. before clerks of tie district G3Htt1 j
counties'where no court has been 'hel
n and these proofs have always rasse
! through land offices and been conside
ed legal. There are are many proc.
;. advertised today to be made befol
# these clerks, no one ever thinking III
J. that such proofs were legal. Let !
see how the legislature which enacto
the Code understoosl law: Faye
chapter 20, Politica! Code: Coffee,
authorized to administer oaths, (amor
others) Clerks Of the District cour
~ within their respective counties.
&c That section evidently means tn
each county has a clerk Of the distri
court who is authorized to administ
oatns in that county. Session laws
Dakota 1888, page IS: It is enact,
~ that at the election of 1884 there sh;
~ he a clerk Of the District Court elect,
for every county in the Territory, WI
shall enter upon the duties of his off
~ within ten days after he is electe
This legislature very We'll knew tn
XII courts were held in but few Of the cou
- ties Of this Territory, then Why ele
~ one for each county, if nine-teaths
them can do nothing legally? Sessi
laws 1883, page 81: 1t is enacted tha
Is Judgment may be doekcted with Z
ed clerk Of the conrt where it is rcndert
&c. but it Shall rot be 4 lien on land in a