Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1884-07-29
THE CAPITAL OF DAKOTA. ii
Position of Secretary Teller

The Position of Secretary Teller at
Yankton-The Status in Quo.
Special Correspondence of the Inter Ocean.
Yankton, D., T., July 19-The ques-
tion Of absorbing interest in Dakota
just at this time, is where Governor
Pierce will take up his official residence.
The position of the secretary of the terri
tory. who, with the territorial treasurer
has remained at Yankton, becomes of
interest in this connection, from the i'm
portant bearingit may, per haps, possess
in the estimation of Dakota's new gov
ernor.
Those persons who attribute to Secre.
tary Teller none but selfish motives
prompted by the "Yankton prejudice
in disregarding Governor Ordway's
order of removal to Bismarck, utterly
fail to appreciate his position frsm the
standpoint of an official, who, not only
desires to keep within the line Of his
duty and the law, but who, fortunately
also, has the advantage of being good
lawyer himself, capable of coming to
:lear and unbiased conclusions OF his
own in construlng the law.
Upon my urgent request that he
should state his position on the capital
question, in his own words, Mr.. Teller
consented to my quoting him as follows
for al Inter Ocean interview.
Secretary Teller said: MY refusal to
remove this Office to Bismarck under the
order issued by Governor Ordway, was
based, first, upon the denial of his right
to control my action in the matter, and
second, upon my conviction, arrived at
in the exercise of the right, which I as
serted to determine the question of re-.
moval for myself, that such removal was
not advisable. This conclusion was based
upon careful study Of the whole ques.
tion, and is to the effect that so long as
the matter is in litigation it is best to
take no action whatever, but to await
the final result. By this course I not
only avoid the risk of mourning for the
government Of the territory the expense
of possibly needless and unauthorized
removal of the law library and. large
amount of other property in my charge,
to which might be added the expense of
moving back, but take advantage of the
fact that while failure to move implies
nothing, removal would be regarded
as recognition on my part of the claim
of one of the parties to the contest.
"As the comptroller of the territory
may have the right to determine at what
place, under the circumstances, my dis
bursements for the next legislature shall
be made, the conclusion above expressed
must be held subject to such instruo.
tlons as he may give me. have to-day
submitted that part of the case to him.
The point made with 80 much clearness
and force by Secretary Teller, that to
remain at Yankton pending the final de.
termination of the capital commission
case in the courts. or until the matter is
practically taken out of the courts BY
the action of the legislative assembly, is
to preserve the status in quo, will com.
mend itself to fair minded men who are
divested of prejudice.
The status in quo must be maintained,
also the force of the supersedeas granted
by the territorial supreme court, upon
the plaintiffs giving bond in the sum Of
81 900, is wholly lost. and with it that
advantage Of appeal which is recognized
as principle of law-the machinery OF
Justice.
In the interests of justice, and out Of
respect for the law and the right, il
would seem probable that Governor