Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1884-06-07
Grant County Review.

drant County hcvleW.
By vote of three to one the supreme
court of the territory has reversed the
decision of Judge Edgerton in the capi.
tai commission case. The facts in the
case are 80 familiar to the general public
that it is unnecessary to here explain
them. Suffice it to say that Judge Ed.
gerton decided that the action of the
legislature in delegating power to CON-
mission, which located the capital at Bis.
mark, was illegal, and the decision was
in substance an injunction restraining
the commissioners from further proceed.
ings. Judges Hudson, Church and
Palmer voted to reverse Judge Edger-
toms decision. The plaintiffs have ap-
pealed to the supreme court OF the
United States. This action acts as SUI
persedas and prevents the removal of
the capital from Yankton for at least
two years. in the meantime it is proba-
BILE that the territory will be divided,
Bismarck becoming the capital of north
Dakota, while south Dakota will have
an opportunity of locating new capital.
So far as people IN this section arc con.
cerned, it makes but little difference
whether Yankton or Bismarck is the
capital, but the manner in which the
commission was created is undoubtedly
strongly condemned here, and conse.
quently We are not in sympathy with
the subsequent action of the Commits
sioners. The shape in which the matter
now stands, however, is only another
strong reason for speedy division OF
our too large territory. Of course. Bis
marck is greatly elated, while Yankton
is correspondingly depressed over the
decision of the supreme court. The cap.
ital commissioners will now proceed tc
finish the new capitol buildings at Bis
marck with view OF having the next
Legislature meet there. just at which
place, however, the next legislature will
meet is another question which is Ger
tain to give rise to dispute.
Ipswich Gazette.
A decision was rendered May 23d b,
the supreme court, reversing the de-
cision of Judge Edgerton in the capita
commission case. Justice Hudson
Church and Palmer for. and Chief Justic,
Edgerton against An appeal was take1
to the supreme court of the United
States, which will prevent the remoya
of the capital to Bismarck until de
cision is reached in that court, which il
not likely to be less than two years
Those who listened to the argument be
| lleved it to be strongly in support of th.
position taken by Judge Edgerton, and
were surprised at the result. We hav.
ever believed that Judge Edgerton's de
cision was not only q fair and impartia
one, but that it was such as law and jus
tice demanded, and still believed that b.
will be sustained by the United States
supreme coult. Although we do no
favor Yankton in any particular, ant
think it an out of the way place for tn
capital, we regard the whole capita
commission scheme as frand from be
ginning to end, plan concocted for th,
purpose of ofswelling the already plethora
pockets of a few political thieves ant
tricksters. We are not in sympath,
with any such movement, and believ
that it is strongly condemned by til,
people generally. Every loyal disinte
ested Dakotaian will anxiously awai
the reversal of the decision of the Da
kota court, by the United States su
preme court.
Flandrau Herald
On Friday last the supreme court q
Yankton rendered its decision in tn
capital commission case, reversing til
decision of the lower court. This actio
was brought in the district court ande
quo warranto proceedings, the nine CON
missioners appointed by the legislator
and the governor to locate seat Q
government for Dakota being cited t
appear and show by what authority the
acted as such commissioners. After
district court hearing Judge Edgerto
decided against the legality of the CON
mission and ordered Judgment {
custer entered against them. Th
3 defeated parties took an appeal to th
supreme court of the territory, the cas-
was argued at the present term of cour
resulting in the majority of the cou
ordering reversal Of the decision in th
Q lower court; that is to say the supren
court sustains the validity of the con
mission. The plaintiffs have perfecte
: an appeal to the supreme U. S. cour
}. which operates as supersedeas on
!. precludes the possible removal OF Il
. capital to Bismarck, pending
!. . decision Of the United States cou,
y which may not be had for al least tv
Q years. What the decision of the high,
court may be will probably be OF lit
interest to the people il withheld th
4 long, for before that time there will be
!, division of the territory on or near Il
46th parallel, and the north Dakota pc
pie will not only have an opportunity
holding legislative sessions at Bismarc
4 bot will be compelled to pay for the
.. capitol building, debt which they q
now trying tosaddle ON the entir Q ter