The Kimball graphic. (Kimball, Brule County, Dakota [S.D.]) 1883-1905, 1884-06-06
THE TERRITORIAL CAPITAL.

THEE TERRITORIAL CAPITAL.
Decision OF b supreme Court-Cornments
Of the Press and Various Persons.
YANxToN, Special Telegram, Nay ga
decision was rendered this afternoon by the
supreme court OF the territory in what is
popularity known as the capital commission
,ase," reversing the decision of the lower
court, Associate Justices Hudson, Church
and Palmer asserting and Chief Justice Ed
gerton dissenting. An appeal has been taken
70 the supreme court of the United States by
the plaintiff, which estops the removal OF
The capital to Bismarck until the question is
settled by that court. The opponents Of the
capital commission show great disappoint,
ment at the result, while its sup
porters are correspondingly elated.
This appeal operates as a supersedeas and
prevents the removal Of the capital from
Yankton to Bismarck pending the decisionin
the United States supreme court The de-
cision onnnot be expected in less than two
years, so that the ina result is still an
open question. The case has been
watched with quiet but intense interest,
all speculation in the matter centering upon
Judge Hudson and Judge Palmer. Judge
Edgerton's position was, Of course, known
from his former decision in the case,
and it was generally considered that Judge
Church was favorable to the Bis
marck side. There is some disappointment
over the result, because it appeared to those
who listened to the argument that 1t was
most decidedly in support of the original po-
kition taken by Judge Edgerton. Dur
Ing the pending Of tho decision,
the chief partners of the firm which
went into the capital real estate
speculation, had been here and kept them
selves in continuous consultation. They are,
doubtless, gratitied at the outcome, which
gives them the second blood. The supreme
court fixed the supersedeas bond at ST., 600.
Talking Over the News.
BISMARCK.
BISMARCK, Oak, Special Telegram, May
23.-The decision of the supreme court re-
yersing Edgerton's decision was received in
this city with great enthusiasm. Although
The people have had no doubt of the final re.
suit and the permanent location Of the CAPT
tai here, the decision set at rest the POSSIBLE
ity Of delay and embarrassment to the city.
No sooner did the news reach Bismarck than
bands, u militia parade, bonires and general
jubilation gave evidence of the feelings OF
rejoicing. Speeches were made by George T.
Flannery, DR.. ". A. Bentley, JohnA Stoyell,
John Holembach, Rev. S. II. Thompson, Re-
ceiver Francis and Farmer Wallace. Cheers
were given for Gov. Ordway, Alexander Nc |
Kenzie, the capital commissioner and
the supreme judges. At least 1000
people assembled around the speakers
stand and the most intense excitement pre-.
vailed. A large amount of Bismarck capital
has been held in reserve for the decision, and
will now be invested in the erection of bust
ness blocks, residences and public improve
ments. Work will be resumed ON the capitol
immediately. Flags were raised, cannon
fired, and the city has been in u state OF great
excitement and jubilation all night. 1t is
now an acknowledged fact, with all parties
at interest, that the next legislature will
meet in this city. The capitol will be COM
pleted and the legislative halls finished be-
fore fall.
The Tribune will say Tomorrow:
The capital commission bill repealed the law
locating the capital at Yankton, and created a
which selected Bismarck, to which
point the capital was removed by said act.
Judge Edgerton decided that the appointment
oil the commission was Illegal and their action
fcih- AN shpASIiiC tDNIU Vi Vic pcEflIOTN ms
now decided that the law was LEGAL, and the cap !
ital was removed to and located ut Bis
marck. On this decision the Yankton people
have taken an appenl to the supreme court of the
United States, which gives the secretary OF the
territory and The territorial treasurer an excuse,
u they choose to act upon it, to still insist that
the capital was not removed from Yankton. We
have, however, the act of the legislature and the
Of the supreme court in Bismarck's
favor, and ali true and loyal citizens will rccog-
nize the Judgment Of the supreme court as law
until IL is reversed.
DEADwooD, Oak. May 23.-The reversal
Of Judge Edgerton's decision in the capital
commission case, by the supreme court,
evoked expressions and demonstrations of
great delight in this city and the Hills gen
orally. Giant-powder ~salutes, fireworks and
4 general exchange of congratulations are
the order of the night The decision is ac-
as a victory for the Hills us well us
FARGO. Oak. ipccial Telegram, May 23.-
The announcement here of the victory of
the capital commission in the case on trial
before the supreme court gives general sat
Several leading men interviewed
e expressed uniform qualification at The result
OF the legal battle. They do not believe the
lankton party will try to push the case fur
Their, bat that Bismarck will be left in quiet
enjoyment OF the se:1 of territorial govern
meut
The Dakota legislature, at the session Of 1888,
appointed u commission TO select u site for O
new territorial capital. The commission. dodg-
Ing the service of papers III an Injunction suit
brought by iankton parties. organized on board
train of cars while riding through, Yankton
county on April 3. After various towns which
sspired to the dignity OF becoming the capital
had been visited by the commissioners, they
awarded tho honor to Bismarck on June .. The
opponents of the capital removal scheme tnsti-
tuted quo war.1nto proceedings against the COM
Inlssioners. Argument in this case began before
Chief Justice Edgcrton in tho district court at
Yankton on July 26, and continued several days.
On Sept. 10 Judge Ed.erton rendered a
judgment OF custer agninst the commissioners,
who immediately appealed to the supreme court
OF the territory. On the 18th OF the present
month arguments began in the supreme court
and continued three DAYS, counsel being the
same rs those who had argued the case in the
district court, viz: Col. W. F. Villas OF Wisconsin
for tho commissioners. and Judge Moody and
Col. BARTLETT Trip for the respondents. Since
then the court has bold the matter under advise.
ment.
Pioneer Press Interview with Up. Clough. |
Col. ". P. Clough, one of the coun-
sci for the appellants in the quo war
ranto case before the supreme court