The Bad Lands cow boy. [volume] (Little Missouri, Dakota [i.e. N.D.]) 1884-1886, 1884-07-10

comply WITH said order or the governor,
issued under provisions of the act aforesaid,
presumably upon the ground that the valid
lily Of the law passed and approyed:a as afore-
said was questioned and before the court for
adjudication and
: Whereas Ar the May term of the supreme:
SQUIRT Of the Territory Of Dakota a decision
was rendered by the full court upon the ques-
hon at issue regarding the validity Of the
low before recited, as will appear by the
following copy Of the record: Ill! 4 4
h United States Of America, Territory Of Dakota
Yankton county, Territory Of Dakota, ex rela-.
ton FL G.. Smith, district attorney for the
Second judicial. district Of Dakota Territory,
others, defendants and appellants; May term;
1884. This action coming on to be heard at
the May, a. p; issa term Of s9id supreme e1d
present 4. j. Edgerton, chief Justice; William
Z. Church; and and @. Il. Palmer; associate jussi
tice, and the appeal having been argued by
MSm sn Mo SSgeb spb sad
court having advised thereon, 1t lis now here
considered, ordered and adjudged that the judg..
Yankton county appealed from herein, be and
the same Ii hereby reversed, with directions to
the district court to enter Judgment for defend,
that this cause be and the same is hereby re-
handed to the district court for further pro-
ceedings according to law and Judgment of this
court; and it is further consider and adjudged
that appellants have leaveto recoyeTpf respond
ents their costs and disbursements on this ap-
peal, expended tax and allowed 1t by the court
4. J. Edgerton, chief justice supreme court Da-
Following this decree is given certificate
of the clerk of the, supreme court as to it's
correctness & Ert Y no tsiif: n, .3t
|; And whereas, 1t Is within the knowledge of
the governor that the capital commissi oners
nd IN, fofN f,nxrn n
able provisions for all territorial officers at
the city of Bismark and have also given as
surance to the governor, that permanent
capitol building will be ready for occupancy
on or before July 80, 1884; now, therefore,
4 ! Nehemiah g Ordway, governor of the
lanation, ordering and directing the said
James 81. Teller, secretary of the territory,
and William II. McVay, treasurer Of the ter
ritory, and all other territorial officers who
by law are required to have, and keep
their offices OF the seat Of government
to remove their respective offices from
the city Of Yankton, county of Yankton,
together with the archieyes, books, records,
papers improperly of every kind and de.
I scription pertaining thereto, to the city Of
Bismark, in the county Of Burleigh, In said
"A: ID. 1854, at which place, under provisions
Of law, I hereby order and direct that the
executive and oil other public territorial
business shall be transacted which Is required
to be performed at the capital -. 5 !. &.
In testimony whereof IL have hereby set my
hand and afhxed the great seal Of the Ter
ritory OF Dakota this 28th day of June, in
the year Of our Lord one thousand eight
hundred and eighty four 3: ,4g@. 53tFs
tSigned N. .G..3 ORDwAY, Governor. >
Sf JAMES H TELLER, Secretary.
8t Gov: Ordway says Bismarck Is I'M
questio ably the capital OF Dakota, and he
felt bound to issue this second order. It does
not take effect until after the expiration Of
the sixty days stay Of proceedings granted
BY the supreme court "a . .5;s