The Dickinson press., 1884-05-31

THE TERRITORIAL CAPITAL.
Decision Of the Supreme 0ourt-Commsuts
Oft Press Ind Various Persons.
YANKroN, Special Telegram, Nay ga
decision was rendered this afternoon by the
supreme court of the territory in what is
popularity known as the scapital commission
ease" reversing the decision Of the lower
SQUIRT, Associate Justices Hudson, Church
and Palmer asserting and Chief Justice Ed
Eerton dissenting. An appeal has been taken
to the supreme court of the United States by
the plaintiff, which estops the removal of
the capital to Bismarck until the question is
Settled by that court The opponents of the
capital commission chow great disappoint-
ment ct the result, while its sup
porters are correspondinEly elated.
This appeal operates as q supersedeas and
prevents the removal Of the capital from
Eankten to Bismarck pending the decision in
the United States supreme court The de-
years, SO that the final result is still an
UPCA Q0CbUAVA. 4AO CdoO Ia OCSA
watched with quiet but intense interest,
Judge Hudson and Judge Palmer. Judge
from his former decision in the case,
Church was favorable to the Bis
marck side. There is some disappointment
over the result, because it appeared TO those
nAA 1;c%~rNl 20 Tho an% that 81 1roo
most decidedly in support Of the original po-
Ing the pending of the decision,
went into the capital real estate
speculation, had been here and kept them
selves in continuous consultation. They are,
gives them the second blood. The supreme
Talking Over the News.
BISMARCK.
BISMARCK, Oak, Special Telegram, May
23.-The decision of the supreme court re-
versing Edgerton's decision was received in
this city with great enthusiasm. Although
the people have had no doubt of the final re.
suit and the permanent location of the CAPT
tai here, the decision set at rest the possibil-
ity Of delay and embarrassment to the city.
No sooner did the news reach Bismarck than
bands, a militia parade, bontires and general
jubilation gave evidence of the feelings OF
rejoicing. Speeches were made by George T.
Flannery. DR.. w. A. Bentley, John A. Stoyell,
John Holembach, Rev. S. H. Thompson, Re.
ceiver Francis and Farmer Wallace. Cheers
were given for Gov. Ordway, Alexander Nc
Kenzie, the. capital commissioners and
the supreme judges. At least 1000
people assembled around the speakers
stand and the most intense excitement pre-
vailed. A large amount of Bismarck capital
has been held in reserve for the decision, and
will now be invested in the erection of bust
ness blocks, residences and public improve
ments. Work will be resumed on the capitol
Immediately. Flags We're raised, cannon
fred, and the city has been in a state of great
excitement and iubilation all night. 1t is
now an acknowledged fact, with all parties
at interest, that the next legislature will
meet in this city. The capitol will he COM
pleted and the legislative halls finished be-
fore fall.
The Tribune will say Tomorrow:
The capital commission bill repealed the law
locating the capital at Yankton, and created a
commission which selected Bismarck, to which
point the capital was removed by said act.
Judge Edgerton decided that the appointment
of the commission was illegal and their action
void. The supreme court of the territory has
now decided that the law was legal, and the cap
ital was removed to and located at Bis
marck. On this decision the Yankton people
have taken an appeal to the supreme court Of the
United States, which gives the secretary Of the
territory and the territorial treasurer an excuse,
II they choose to act upon it, to still insist that
the capital was not removed from YanktOn. We
have, however. the act of the legislature and the
decision Of me supreme court in Bismarck's
nize the judgment of the supreme court as law
until 1t is reversed.
DEADwooD.
> DEADwooD, Oak, May 23.-The reversal
of Judge Edgerton's decision in the capital
commission case, by the supreme court,
evoked expressions and demonstrations of
great delight in this city and the Hills gen
orally. Giant-powder %salutes, fireworks and
q general exchange of congratulations are
the order OF the night. The decision is &C
cepted as a victory for the Hills as well as
Bismarck.
' FARGO, Oak, special Telegram, May %
TIL announcement here OF the victory OF
the capital commission in the case on trial
before the supreme court gives general sat
isfaction. Several leading men interviewed
expressed uniform qualification at the result
of the legal battle. They do not believe the
Yankton party will try to push the case fur
ther, but that Bismarck will be left in quiet
enjoyment of the seat OF territorial govern
ment.
. The Dakota legislature, at the session OF 1888,
APPOINTED a commission to select u site for o
new territorial capital. The commission, dodg-
fhg the service OF papers III an Injunction suit
brought by Yankton parties, organized on board
q train OF cars while riding through Iankton
county on April 8: After various towns which
aspired to the dignity OF becoming the capital
city had been visited by the commissioners, they
awarded the honor to Bismarck on June 9. The
opponents of tbs eani5al removal scheme insti-
tuted quo warranto proceedings against the COM
missioners. Argument in this case began before
Chief Justice Edgerton in the district court at
Yaukton on July &c, and Continued several days,
On Sept. Is Judge Edgerton rendered a
Judgment Of custer against the commissioners
who Immediately appealed to the supreme court
Of the territory. On the 18th OF the present
Snonth arguments began in the supreme court
and continued three DAYS, counsel being the
district court, viz: Col. W. +. Villas of Wisconsin
Tor the commissioners, and Judge Moody ane
Col. Bartlett Trip for the respondents. Since
ment.
Pioneer Press Interview with W.P.C1ough.
Col. W. P. Clough, n of the coun'
eel for the appellants in the quo war.