Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1889-03-22
THE INJUNCTION DISSOLVED
Gale & Or. Win in. the Sec.
Ond Judicial Round.
The Last Hope of Unpaid Working
Men Proves Futile.

The decision which last night emRn.
ated from Judge Trips court, dissolv.
ing the Injunction restraining Gale and
his associates from accepting the lnssne
asylum wings fell with crushing weight
upon the expectations of toiling bread
winners, who bad hoped they might yet
secure their nsrd earned cash. The de-
cision gives opportunity to T. a. Gale
to secure the balance due Contractor
Pattee emf apply ii TO his personal bene-
fit, leaving the several creditors who
bave worked upon the building end fur
niehed msterI,l to the contractor TO go
unrecompensed. Upon the legal aspects
OF this case no comments can be made,
The decision OF q court reste upon the law
and the facts and are beyond newspaper
criticism. Bat it is peculiarly distress.
ing that the humane side Is the n
VIII oh must fall prey to the statutes-
that through lawful agency tbs rich
must ;rium th over the poor-that toll
must go unrcqlited where SO many
homes need the c superstition sought by
those who have eiyt o the sweat OF their
brows and earoed the breBd,denIed them.
AS in the ancient days of the jewish
persecution, the devices OF the wicked
prosper"
Yesterday forenoon the case was ad-
adjourned until 80 last evening to give
the plaintiffs a little time to secure evi-
dence to counterfeit the afidavIts of
Messrs Kean, Beaumont, Pastee, Leo
Foster, l.. W. Case, Ole Rye md John
Syeep, who swore that the bUildiDg " s
made OF good material and was COM
pleted and ready TO be turned over &c
the territory. This was the entire de-
Tense of the deferd Ints. At lest nights.
session the Plaintiffs furnished eight
atidavIts from carpenters and painters
who bad worked upon the building, who
swore that very inferior msierIal-gyeen
in the structure By their own hands.
that the psiat had been mixed with
b%epzine. instead of oil, hat roofing
paint had been used on the window
foish aud that the cornice aud towers
we're yet Imprinted, excepting that the
1ad heen given one coat. These ailj-
davits were presented in support of the
orr 2insl complaint. under section 1876 OF
the code OF civil procedure, which says:
II the applic atom to vscate an in anc-
ton be made upon aflidRvits gu the
part OF the defendant, but not other wise,
the plaintiff NAV oppose tue same by
affidavit or other proofs, in addition TO
those on which the Injunction wa
granted.
A part OF the evidence submitted by
the defendants was q telegrsphio CORES
pondence between Gale and Governor
Pennington, which showed that the
latter had accepted the alleged trustee
ship rendered him and had qualified in
the state of Texas 90 a trustee of the
Dakota insane hospital.
After listepiug to the argument and
examining the atfidavits the court or
dered to Injunction vacated and Gale,
Palmer and Keller proceeded to the ssy
lum and accepted the incomplete work
of Contractor Pattee and authorized the
payment of the balance due Mr.. Pattee
under the contract into the hands oil Mr..
Gale. There is now only one hope left
that the auditor May be prevented
from i%ssuing.the warrant until Governor
Mellette comes into office and Dakota
is given an honest government. The
poor men Who have been inside the vic
TINS OF the Gale-Pattee combination
have only this slight chance left them,