Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1886-08-18

| Dakota. If there is no attorney general
to carry an appeal to the supreme court
from the expected decision of Judge
Francis, no appeal can be made. as there
is no other person with jurisdiction in
the case. The action of the court in
deciding in behalf of the capital COM
mission opens wide the strong box OF
the territory and the action of the gov
ernor in depriving the territory of an
attorney general, at the only time when
the territory has needed such an officer,
removes the one obstacle between the
capital commission and the public fund.
We do not intimate that this is con-
spiracy, but, if the plan is carried out, it
might as well be, so far as results are
concerned.
If Governor Pierce does not know the
size, scope AMI effect of the scheme, he
ie unfit for the position he holds. III he
does know the full dimensions OF the
inlquity, he is aiding aud abetting it,
ana is unfit for the position he holds.
There is no limit to the raid the
capital commission may make upon the
treasury If Jadge Francis dscides in
their favor. They can cover the prairie
about Bismarck with capitol building
and the taxpayers of the territory must
foot the bill. Pierce, Francis and
Hughes combined may, if they chose,
cause continued draft npon the pubic
fund in payment for structure sup
posed to have been donated by the peo.
pie of Bismarck.
These are our answers to the queries
OF our correspondent. The situation is
one OF startling import and may we'll
command the serious attention of the
people. II is scheme upon the part OF
the capital commission for stupendous
steal and that the territory possesses no
opportunity to go beyond the local court
with the case is not result contem-
plated in the wisdom of protective lay.
Yet this is the situation if there is truth
in information, which appears
to be reliable. 1t was specified in the
capital commission act that the funds
contributed by the successful bidder for
the capital should be placed in the
territorial treasury as O special fund for
construction purposes. The money
promised by Bismarck has never been
placed in the treasury, that the public is
aware of. Finding themselves out of
money, the capital commission issued
its warrants upon fund which does not
exist and OF course the territorial treasu-
rer could not cash such warrants without
mourning personal liability to himssl,
and to his bondsmen. The warrants were
therefore taken up by II syndicate OF
discount and afterwards offered to the
treasurer OF Kidder county in payment
of territorial taxes and by that official
accepted. Inc territorial treasurer
declined to accept the warrants from
the treasurer of Kidder county in lieu of
cash and application was made before
Judge Francis fer a msndamus to con-
pei the territorial treasurer to receive
the capital commission warrants
from the treasurer of Kidder county
Should the judge grant the mandamus
ss it is said he will, the territorial treas.
urer will be compelled to receive capital
commission warrants, instead of cash,
for all territorial taxes. Then the terri
tory will be flooded with these warrantg,
which will be sold at discount, turned
in for taxes and in time the territorial
treasury will become Impoverished, all
its resources having gone into the Bis
marck capitol building and the pockets
of the conspirators. Then an extraordi-
nary levy will be imperative for the
replenishment of the treasury. These
are the dangers which to-day threaten
Dakota.