Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1884-02-15

stood that each con-. in tAis territory
had an acting clerk the district
court. whetherany court was held Their"
or not. The Us. Statutes allowing IL
nal proofs to be made before Judges
and CLERKS q courts were intended 1or
the RELIEF and convenience of settlers
who were distant from the land office.
The construction put upon these laws
by the lion. Commissioner, practically
repcals the L. s.. Statutes as far as
northern Dakota is concerned, and /
thirE, t4elaTger part Of the territory.
For when q settler goes to the place
where the court is held, he goes where
the land office is located, and undoubt-
edly the territorial legislature had this
in view when they authorized the ap-
po1ntment Of a Clerk in each county.
Under the recent construction many
settlers would have to travel n or
two hundred miles TO make their final
proofs when there is u clerk of the
court within a few miles, authorized by
the laws Of this territory to administer
oaths and perform the duties of the
clerk of the court. All that q clerk of
thecoUrtdoe making final proof isto
administer an oath. The Code OF Dako-
Ia, page 81, authorizes the clerk of the
| district court, no matter whether courts
arebela nereornot, to administer oaths.
Then of what consequence is it how
many CT how few other things they are
authorized to uo2 The Hon. Commits
Sioner says: 'ODviousiy a Judge can
be officially absent only from the Place
where the court is held" When are%i-
dent o. Manitoba crosses the line in the
Turtle Mountain region and MAKES i
iourney CT about four hundred miles to
find a Judge, clerk Of the court OF land
officer before whom he could make a
homestead filing or swear to his -i.ten-
ton to become d citizen. he would
come to the conclusion that the judge
was practically absent il not officially
absent.
There is a district court held in
Grand Forks twice in each yea. The
judge -3es there. holds court ard goes
AVA and is not there again for six
months, and as far as swearing settlers
to final proofs, is practically assent as
much as he is from Walsh. Nelson or
Ramsey, in which counties no courts
are held. AS to the responsibility Of
the clerks where no court is held, they
are required to give bonds with suretles
the same as where courts are held.
7. C. SAUNDERS.
IA addition to what has been sud
above we have but few words more to
, add, us Mr.. Saunders has completely
: covered the ground as to the authority
! of Clerks of the District Court to make
: final proofs.
| 1t was the intention of the law. ev.
]; identity, to benefit settlers who were
e situated as are the residents of Jeraul(
County, and it is obviously the duty o
G the law officers to place such a construc
S tion upon the law; which is not tn
case in the article quoted above.
e The fact remains: this ruling of Com
n Mcfarland does not change the law
y either Clerks, of District Courts hav
e authority in all the counties of Dakot
Q to take final proofs now; or they neve
had any authority. II they never ha
e any authority. then all the proofs take
IT by them in the counties before a teri
e. Of court was held therein are null an
" VOID. If null and void, thousand {
Id claims, rot only in Jerauld. but in Al
pit roTas. Sanlforn, McCock, Minor, Hal
I'd and other counties have been held an
1" decided many times. and patents issue
lg for which no Il mas really any title.
+ If this ruling is correct. proofs f,
T. this county can now only be made b
ie fore the Register and Receiver,
Mitchell: as this is an "organiZe;
IS, county, which would prevent the Clel
p and Probate Judgeof Aurora from &C
ry ing, and this county has no Judge wit
is his Office at the county seat as the la
provides.
We are firmly of the opinion that
soon as this ruling is handled by ii
rroperauthorities, even Mr.. McFarla1
r. i'll have to admit that he was a lit
is TOO previous" in promulgating al
re such ruling.
ut ~
us The Dakota papers have been inyes
p2 igating the Codington county man wi
y recently wrote to the Chicago Tribu1
re for aid for Dakota sufferers. lie is
10 legged to be a cancer doctor, witho
is skill as a physician, OF industry to ca
an honestliving. The Journal remar
at ed, when the appeal was first publishe
ict that an Of its author won
or doubtless prove interesting.
" Senator Cameron $ bill for the organ
Gu zation dfthe territory of South Dako
provides that:
Gu That portion of the Territory ofDaI