The Warner weekly sun. (Warner, Brown Co., Dakota [S.D.]) 1883-1885, 1884-05-30
show the truth or Intersections Of his
conclusions.

ATToRNEY-GEN. HUGHES in an
interview with Pioneer Press CORES
pondent in relation to the supreme
court decision in the capital commits
sion case expressed his views in the
following emphatic manner:
"Thea authority Of the commissioners
to select a site for the seat OF govern
ment under the act of the last legisla-
tive assembly was questioned by GER
tain people of Y Yanktonon two grounds:
First, it was claimed the act was
unconstitutional; second, that the
commissioners were not legally ap-
pointed. 1t was conceded by counsel
for Yankton on the argument that if
the act was valid the commissioners
were de facto officers, and all of their
official acts performed prior to the
Judgment of custer, which was entered
last August, were valid and binding !;
and while they did not entirely aban-
don the second position, it was not
strongly urged in the supreme court.
You viii thus see from the issue pre-
sented that the supreme court decided
that the law under which the commits
sioners were acting is valid, and the
commissioners were legally and proper
ly appointed. There can be no ques-
ton that this decision is an authorita-
tive adjudication upon the questions
embraced in the case by the highest
judicial tribunal in the territory. 1t
determines absolutely the law upon
those questions. Inregard to an appeal
being taken / think it quite likely
that the Yankton attorneys will go
through the form Of taking an appeal,
but | do not think the case will be
further prosecuted. The action was
brought at the instigation Of few dis
gruntled and disappointed politicians
in Yankton to harass and annoy the
commissioners and to prevent them if
possible from accomplishing the pur-
poses for which they were appointed.
They sought by this action and the
guerilla warfare carried on in connec-
ton Herewith to cast a cloud upon
the action of the commissioners and
to depreciate in value the property
secured by them SO that they could
not realize SUM sufficient to erect q
state house; but they have signally
failed. We have already constructed
the the central or main -,t,artiea of the
capitol building. That building is
t53 feet long by. 90 feet in width, and
it is three stories above the basement
or four stories in all. It's walls are
massive and will stand long after the
memory of the Yankton naicontents
shall have faded away. Should an
appeal be taken it will in no wayeffeci
anything that has heretofore or viii
hereafter be done by the commission
(ers. The commissioners selected Bis.
marck for the sat of government
The supreme court has decided that
|they had competent power and author
ity to make said selection. An appeal
can in no manner effect the further
prosecution of the work. The capitol
building will be speedily completed and
put I'M readiness for occupancy. We
shall then report that fact to the ex.
ecutiye committee Of the territory
whose duty it is by the provisions Of
the act to issue a proclamation, offici.
ally promulgating the facts, where.
upon it is the duty Of every territorial
officer to remove his Office, books
papers and public records to the capi.
tol building within thirty days from
the date of the proclamation. The
fact that an appeal may have been
taken from the Judgment ef the SUI.
preme court will be no legal justifica-
ton for any officer in this territory ia
refuse to comply with the requirements
| of the capital removal act, and j
assume that those officers who have
not already removed to Bismarck,
viii, as law abiding citizens, do So"