Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1885-02-19


| Congress- during its session in 1864
passed an act amenaatorY to tie organic
act creating Idaho territory, which de
ferTed the time Of the annual election foi
the year 1864, from the first Monday in
/ September to the second Monday in Olt-
ober, without changing the time 1t
which the officers elected should begin
'heiF term Of office.
| On said second Monday in November
the time fixed for the meeting 81 the
legislative assembly, snulry persons
claiming to hay' been elected as piemher-
Of the iiouaa u Representatives, at thu
October election Aforesaid, assembled at
Lewiston, Aforesaid, aud assumed 30 pro-
coed to oT-aoiza as House Of Repre-.
saniatiYes for the territory Of ilaho, con
tlary t. law and the statute, and also to
the rights oftho people Of sai1 territory.
said House OF Repr@on.atiy further
assumed to cnact law to be in force and
to govern the peonle Of said tqrsitory
49, ,ul.;t .,..
"~' r+' I'' ''
'.'''"'''"''5 ''0'''e aug c7'a7''>h ''l7 aeei
ot government at Boise City and to ap-
point Caleb Lyon, a federal officer, a
commissioner for RECEIVING and hoI5in,
IF d.oJ, - ,,r.,,ol. = ,9,,.t A., .S
'''9 ~" ~, We ,'P-
l'o' buildings are 10 Dc efee'edi author
lzinS the secretary Of the territory to
draw warrant upon the territorial treas
urer For monies TO dofr,v III, e,nonsoe I'd
~, a.,.., = - ...
'''' ~ D.- ''
rom '''"l'oh' alafesa!1' 70 sald busa
tlty. All oil which provisions arc con.
trary to law and against The fights and
Interests NJ tl,a nao,lo If e,i1 ..r,;t,r,.
NJ; e.. -, 90,
".s "''''''' ''''' .'i,'' ''''' 'le i'l''
Tor Sa'd act o. removal mas passed tins
illegal House Of Representatives and also
the LEGISLATIVE council. and received the
signature Of Caleb l.yon. Of LvopSdale
who claimsd to act as the Govern r Of
said territory
This afFiant Is not informed That sail
Caleb Lyon. of I.yops,lale. has ever Gid
biz official oath in manner provided by
law. and further believes that no s.rb
oath has ever been LEGALLY filea or ,,aoar,l
ed. So as to duly o,qlify him to .n,'r.,vc
acts passed by the legislative sqqen,,b,ly NJ
said territory. This aiIiant i ;nfory,od
and verify believes that silas D Corhr,n
the acting secretary Of said to,ritoro o..
some person ACTING in said earoei,s II
conjunction with the sgil Caleh won NJ
I.yonsdale. acting as aovero7r are o,ont
to remove The seal laws and arcb,,os If
said territory from Lewiston tho Iae,,l
place for their dopasite. to said Boise
City, contrary to law and greatly to The
damage Of the people ct SAID tcrritery,
,,''o' 'at' "'.''' , iu.'',er pe'.Ees 'tat Stid
7,,sa es,ont o,''S ~, ",n - ", ca ~ -
money or the people Of the terri
tory Of Idaho, consequent upon such re-
moVai ana location at Bo'se Ciiy, and
~ ~, !, 'e1 ,, :. etP''o' oo'lines greatly
srainaa bv IL ;n+a.fr,,ita a' i a., ros ,
This afiiant is apprised of no other re-
lief for the people than to petition the
court 10 issue WITT TO restrain them the
cN,,,so', u'' ~. H." N.Y. M lio 'ne PIT
fore this oli;ant nr,ys ia e,,,.4 ., -
such writ forthwith, and as in du,g
bound Will eyer pray.
-, iiO9' ~ iVM hbp1 !,
Subscribed and s,vorn - - 80 - ,no
| this 22d day Of D.een,hcr 4 u 12GI
JOHN G. BERRY,
Probate Judge.
Upon the above complaint the court
issued temporary injunction, which was
sersed upon Lyon and Cochran, Dec. 70
1861, the defendants fled what thoy
claimed to be an answer, denying merely
the legal conclusions OF the complaint
without denying any Of the facts, except
that winch charged that the governor as
sumed to exercise the functions Of the
/ governor IN signing the capital without