The Kimball graphic. (Kimball, Brule County, Dakota [S.D.]) 1883-1905, 1885-01-23

, appraised at $123,415. Seven hundred and
fifty of these lots remain unsold, beside 16O
acres of land adjoining the townsite. The
commission owe on the building proper, ]
am informed, about $40. 600. This does not
include the heating and furnishing, which the
within their contract to erect acapitol build
ing. The appraisement of real estate con-
veyed to the territory, by the city of Bis.
marck was made at o time when property
values were high. When the times became
less prosperous this property would not sell
at the price fixed by the commission; as there
was no authority Of law for a r%evaluation
or selling at a figure below the minimum
appraisement the commission found them
selves embarrassed for lack of funds, hence
the debt OF $4,000 alluded to. l advised
the commission to issue warrants on the
building u for the amount, but there be-
ing no balance i'll this fund. of course the
creditors must wait. The real estate named
Is the property of the territory. 1t was in
tended to be disposed of to pay for the cree
ton of this building. The fact that it has
deprecated IN value is a misfortune, but ii
does not alter the obligation entered into to
pay the men who contributed time and ma
terial toward the structure n to pay them
promptly. 1t may involve a sacrifice to sell
the property now and some of the creditors
may feel disposed to wait, but they should
not be compelled to do this under protest.
They did their work in good faith. They
know only the single fact that the legislature
or the territory had authorized the work and
relying upon this authority they went for
ward. The act OF one legislature may be
overturned by a subsequent one, but the
faith and credit and reliance that the out
side world place in the l%awmaking power
should not be shaken by any failure to com
ply with contracts honestly performed unGer
the color OF law and under the direction of
those chosen to administer it 1 recon-
mend, therefore,, that the legislature confer
upon the present or any future COM
mission that may be appointed, the power to
reappraise and sell the lands remaining to
che capitol commission and pay their debts.
As have said. the heating apparatus is not
included in the debt of 100000. The
steam, of course, takes the place of stoves,
except that so large a structure could
scarcely be made comfortable with the lat
Ter. Ihe property remaining unsold ought
to be amply sufficient, and will be, l doubt
not. under proper management, to pay all
the debts, including the expense of Lighting,
heating and furnishing. Such expenses,
however, us properly belong to the territory
should be liquidated by the legislature, with
the provision, If thought best, that the
mount be charged to the building fund and
paid out of the future sales of real estate. l
take occasion to say here that the lights and
furniture placed in the capitol are not
furnished under any contract and stipula-
tion. but are here simply for the inspection
Of the legislature, and for their use if
they wish to secure them. So far MS
L know, no assurances of purchase have been
given to the firms that nave undertaken the
work, and the legislature can consider the
subject without the slightest embarrassment
growing out OF any promises, though | hope
with perfect justice and fairness | may say
further, because the subject has been dis
cussed somewhat in the newspapers. that l
understand this building to be the free gift
or the people of Bismarck to the territory. l
nave accepted this assurance in good faith,
and with no thought of any mental reserva-
lions or eyasions. | am sure the thought of
asking for any return of the money expended
has not entered the minds of the donors, and
THAT no scheme or device for such return is
contemplated; and L hope I need scarcely
assure this legislature and the people of the
territory that, relying upon the terms of the
law under which this work was undertaken,
no measure for repayment will meet the APP
proval OF the executive while l occupy the
office and Bismarck remains the capital.
'.- pARpoNs.
Ihave granted two pardons On the 23d
OF December l pardoned William Decker and
Joseph Young. who were convicted of Arob-
berry BY two or more persons" and on the
list of April, 1880, were sentenced to I'M
prisonment for life. 1 was impelled to do
this by the fact that the men had served
nearly five years, that their conduct had been
good, that the amount was small, but SOL,
chat the principal offender escaped by turn
ing states evidence. that the presiding Judge
at the trial, the district attorney, the sheriff,
clerk of court, all the iurymen who could he
found, the present district attorney, county
commissioners and many prominent citizens
OF Burleigh county, where the men were
convicted, joined in n request for their re-
lease. TIL following pardons were granted
under the administration of my predecessor,
as appears from the records OF this Office, the
list being furnished in obedience to the re-
quirem ents:
John Bennett, grand larceny: sentenced April
2,1SS1, for one year: pardoned Jan. 81, 1872.
Jacob Schauk, grand larceny; sentenced Dec
10. 1850. for eighteen months; pardoned Feb
lisp.
Martin L. Cou, murder; sentenced, October,
1880. TO death; pardoncd Feb. II, 1882.
James 9. Lee, grand larceny: sentenced Sep
tcfnDer. 1850, for three years; pardoneu April
pa, 1882.
Charles E. Stone, forgery; sentenced Jan. 10,
1850, Tor i've years; pardoned May, 1882.
NJ. Dittenhotfer. assault with intent to kill:
sentenced March, 1852, for three years; pardoned
Aug. "a, 1882.
l.. II. Stone, forgery; sentenced January, 1882;
sentence suspended Aug. 81, 1882.
n. Gague. grand larceny; sentenced Dec. 30,
90, 1889.
J, l.. Gilmore, murder: sentenced. August,
1851, tie death; respited Aug. 25, 1852.
Brave Bear, murder: sentenced, November,
1881, to death; respited September, 1882.
o.i uIttC StultuCGU,A ukuSp. 1881.
to death: respitcd Nov. 6, 1852.
j. Gilmore. murder; sentenced, August, 1881,
to death; respited Nov. 10, 1882.
jill. Gilmore, murder; sentenced August, 1881,
to death; respited Dec. IA, 1882.
A. v. Corson, manslaughter: sentenced August,
1877; for seven years; pardoned Nov. %, 1882.
N. b. Ford, manslaughter: sentenced January,
1879, for fifteen years and six months.
r. Durham. mans!aughter; sentenced June,
1879 for twentS-one years; pardonnd October,
S. kleinsascr, aiding escape of prisoner: SEN
fenced September, 1881. for four years pardoned
Dec. 90, 1888.
James Johnson, embczzlement: sentenced No
yember, 1881, for fourteen months; pardoned
Jan. 10. 1888.
Peter r. Sbuya, grand larceny: sentenced July,
1883, for four wears; pardoned June. 1884
Jay Hall, cmbezzlement sentenced June, 1884,
for four years: pardoned June, 1884.
D.. Brazzill, robbery; sentenced March, 1882,
for five years; pardoned July %, 1884.
The NEW ORLEANS EXPOSITION.
Almost the first matter that required my
attention after assuming the duties of the
governors Office was the question OF repre-
sentation Mt the New Orleans exposition. 1t
seemed very difficult to go into the exhibit,
and equally embarrassing to stay out Every
state and territory in the Union was to make
q display more or less elaborate. and for Da-
kota to attempt to compete without making
a show commensurate with her importance
appeared as undesirable as to make none at
all. On the other hand there was no appro.
priation available, times were hard, money
scarce and a general disposition manifest to
economic Us much as possible. Finally n
circular letter was issued from the executive
office rccounting the facts, and asking the
various counties of the territory to con-
tribute. in their discretion, a sum which in
the aggregate would enable the commission
to make a creditable display. The circular
letter was issued in time to permit the ques-
ton to be submitted to a vote of the people
OF the various counties Should tho rom mic
sioners deem such submission advisable or
necessary. The boards which acted upon
the matter decided it generally, l believe,
without referring it to a vote, and in many
cases where the decision was against the APP
preparation, or there was doubt as to the
matter, contributions we're made through the
power of the county board to pnss upon the
enterprise of private parties WHO puaranteea