Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1884-12-17
EVERYTHING SETTLED.

cides that the county records be moved
back to Old Ashton. The people here
scarcely expected such q decision, at |
least not 90 soon. AZ is known, they
base their claim on vote taken in 1880,
on which fraud is charged. Believing
the facts in the case would justify their
course. they went on the night of De-
cember 9Th, and removed the records. In |
this, the court decides, they were too |
hasty. There ls no doubt but that the |
Temporary injunction last Monday,
checked what might have resulted in |
loss of life and destruction of property.
The status Of the case when the people
visited Redfeld last Monday, and de-
manded the records was peculiar. The
people of this place, claiming their title |
to the county seat, refused to deliver the
books to tho sheriff and commissioners.
The uprising was to aid the sheriff. But
q few moments before the forces reached
the town, special train bearing parties
with an injunction, placed an entirely
different coloring to the affair.
The injunction gave books and
county property to Sheriff Law
renee. While the people did not wish
to disobey the mandates of the court,
they went 30 far as to insist that the
county commissioners be made joint Gus.
todians with the sheriff in protecting
county property. Fortunately no effort
was made to defeat the action of the
court. The decision of Judge Smith
orders the records back to Old Ashton,
and the tables are now go turned that
the governors guards, of Fargo. will
wheel into line and aid the other side in
placing the records from where they
were taken. An effor will be made to
get Q mandamus, but beyond doubt
the county seat will 20, at least tempo.
rarily, to Old Ashton. The old county
seat consists of one house, formerly
dwelling, belonging to s. W. Bowman.
The county built vault of brick, and
used two rooms of the house, one for the
treasurer and the other for register of
deeds. w. G. Smart, clerk of the court,
has an Office in another dwelling some
eighty rods distant, near which is new,
but very small building, in which court
is held. The site of the county seat is
four and one-half miles from Redfield
and six from Ashton, and should have
been removed years ago. The decision
of the court orders all the officers back
to the old seat. Judge of Probate Sell
leck resides at Ashton, while the other
officers have homes at OF near Old Ash
ton. It is the wish Of the people that
that matter be settled soon, so that the
excitement may abate and business re-
sumo.
| JUDGE SMITHS DECISION.
On motion to dissolve the injunction
in the Sphinx county seat fight before
Judge Smith, the Judge held that Red.
field was not yet the county seat, and or.
dered the sheriff to remove the books
and files back to Old Ashton, the county
seat. The sheriff will now have the as.
sistance of the Governors Guards. The
following is the full text of the order of
the court:
Territory Of Dakota, County of Sphinx,
in District Court, Fifth Judicial District
B. w Briggs, plaintiff, vs E l. Noys, Jo
lseph Labris, Orville 8. Baspard, F. Mar
iner and Frank Craig, each and all coun
ty commissioners of Sphinx county; and
8. f. Hammond. register of deeds and
and Arthur Lawrence, sheriff of Sphinx
county, Dakota Territory, and W. G.
Smart, clerk of the district court for
Sphinx county, and A. A. Sellick, Judge
of the probate court of Sphinx county
and E. Il. Jones, treasurer Of Spink
county, defendants. This cause coming
> on to be heard upon motion to disolve
: the injunction heretofore issued in thi
cause, restraining the defendants from
taking, removing or transferring any O
all of the books, records or official docu
ments belonging to or in any
) wise appurtaining to the Of
fee of register of deeds, county clerk
county treasurer, judge of probate, clerl
OF the district court, or sheriff of til,
said county of Sphinx, from the place il
which said records, books and officia
: documents are how deposited in th,
9 town of Redfield, in the said county o.
Sphinx, to any other place or room in
said county outside of said city of Red
field; and the courts having heard th,
proofs by affidavits on behalf of defen.
. dants and plaintiff aud the complain
: and all papers and proceedings herein
aud after hearing the argument of NJ
Il j. Fordon and Thomas Sterling, counse
!. for the defendants, and w. 81. Sanbor
. and N. P. Bromley, counsel for plaintiff
J. and being fully advised therein, now
+ on motion of defendants attorney,
r Ordered, That the Injunction hereto
8 fore issued in this cause be dissolved
D and it 10 further ordered, that Arthur
: Lawrence, sheriff of Sphinx county, forth
3 with take all the books, records, paper
" and property and things belonging t,
8 the Office of registers of deeds and count,
: clerk, and also all books, records. papers
property and things belonging to tn
: Office of the probate Judge of sale
3 county, now in the city Of Redfielt
T Sphinx county, Dakota, and return th,
b same to the places and Offices in Ashton
from whence they we're taken on or abor
the 9th day Of December, 1884, and thel
deliver all such records. books, papers
property and things to the said Officer
to whose Offices the same belong; tbs
6 after the said books, papers, record
II property and things belonging to til
: said Offices of the said probate judge. an
y the SAID register of deeds and count
70 clerk are returned to the offices of sue
II officers, the aforesaid officers and all IL
is county officers Of the said county sha
y keep their Offices and books, records ar
70 things belonging to their respecti,
is offices at the county seat Of said count
6 and the board of county COMMISSIONS
v. shall provide place or places at Il
sr county seat OF said county for the kee
le ing of said records until it shall be othe
10 wise ordered by this court, or other COZ
!" petent authority in this cause or son
to other proceedings, and this order q,
decision does not determine or adjudica
al in any way the question of where %
~ county seat is legally located.
Itiefurther ordered that the aplaint
e. have leave to dismiss his complaint n
r. action herein, without prejudice, up