The Warner weekly sun. (Warner, Brown Co., Dakota [S.D.]) 1883-1885, 1884-12-19
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Judge Smith Decides In the Sphinx County
Oak, Case that the RacOrds Must be Re-
tnrnad to Ashton.

Juaoe Smith Decides In the Sphinx County
Oak, Case that the Racords Must be Re-
turned to Ashton.
After a week Of great excitement at kedheld
and Ashton, and painful anticipations OF blood
shed, quiet was restored on Saturday Dy q
decision from Judge Edward Smith at Mill
bank dissolving the injunction heretofore ls-
sued against removing the county records from
Redtcld, and ordering their return TO Ashton"
His order is as follows:
Ordered That the Injunction heretofore is
sued in this cause be dissolved; and it's turth-
er ordered, that Arthur Lawrence, sherln OF
SPHINX county, forthwith take all the DOCKS,
records, papers and property and things De,
longing to the officers Of register of deeds ana
county clerk. and also all books, records, prop
ertv belonging to the Office of the probate Judge
of said county, now in the city OF kodheid,
Sphinx county, Dak and return the same TO the
places and offices in Ashton, from whence they
were taken on or about the 9th day OF Decem-
Der, 1884, and then deliver all such RECORDS,
books. papers, property and things to the SAID
officers to whose offices the same belong;
that after the said books, papers, records,
property and things belonging to the SAID offices
of the said probate Judge, and the sad register
of deeds aud county clerk are returned to the
offices of such officers, the aforesaid Otlcers
and all the county officers Of the said county
shall keep their offices and books, records and
things belonging to their respective Offices at
the county seat Of sail county, and the board
of county commissioners shall provide a place
or places at the county seat Of said county for
the keeping of said records until IT shall be
otherwise ordered by this court, or other COM
petent authority in this cause or some other
proceedings, and this order and decision does
not determine or ~adjudicate III any way the
question Of where said county seat is legally
located.
-. 4. g,.4I,. ,rRnroJ flnf Fha ,loiptiff haua
leave to dismiss his complaint and action here
in, without prejudice, upon the payment OF
the costs of this motion, taxed at Sl5; or that
said plaintiff may, after said costs are paid,
and the deeds, county clerk and probate Judge
herein books, records and papers of the reg
lister of described are returned to them respec-
lively at Old Ashton by the sheriff as herein
before directed, may within thirty days after the
said books and papers are so returned, amend
his complaint and prosecute this action.
Nothing in this order shall be construed to
adiudicate where the county seat is legally locat-
cd, or preclude any person from proceeding
by mandamus or other proper remedy to as
certain and establish the legal county seat, or
compel the officers of the said county to keep
their offices and records at such legal county
seat after the books, records and papers of
said register of deeds, county clerk and pro-
bate Judge are returned by the sheriff to such
officers at Old Ashton, is herein before direct
ed. Dated at Millbank, Graft county, Dakota,
this 18th day Of December, 1854.
SEWARD SMITH, Judge.
The Redfeld adherents, while sorely realiZ-
ing their temporary defeat, propose commence
ing new proceedings by mandamus to compel
the county commissioners to establish the
county seat at Redtield, and the prospect Is
good for a lOng-spun legal fight In obedience
to requests Governor Pierce sent two military
companies, the Governors Guards and Dakota
rifles, to Redfeld, but happily :neii s~ervioes
were not required to preserve the peace.
D.. ". Moon, Esq an intelligent merchant
of St Paul of the firm of Allen Moon& Co.,
gives the following view of things:
81 arrived in Redfeld on purely personal
business, on last Saturday week, the day on
which the records were stolen from the court
house at Old Ashton. On Sunday there was a
great deal of excitement in Redtield, and the
ringing of the fire bell with the collection of
groups Of armed men, only added to it The
600 men representing the county, who came to
assist the sheriff in taking back the records
on Monday, dispersed, quietly when the writ
was served, only leaving two Of their
number, Messrs. Noyes and Lebres,
to assist in guarding the records in
the Redfeld city hall, till the judges decision
was rendered just which side is in the right
l cannot say. Both present plausible stories,
and the court alone could draw the true line.
/ consider the sending of troops there a very
wise thing. / talked with a great many of the
people, representing both sides of the issue,
and they seemed to be q sensible law-abiding
set of men, and willing to submit to the decree
of the courts. The reports that the tow was
to be RACED or burned / regard as sent ont with
the intention TO discomfort the Redield people
and to prevent their concentrating their testi-
pcony in the courts. The situation was really
O serious one, much more 80 than was repre-
scented in the papers. The people were very
determined, though conservative. They a4e a
fne-looking set OF men, and the absence Of
liquor among them was u marked feature Of
the demonstration