The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-10-14
PAPERS SERVED ON CHAIRMAN
sEABURY GIVEN TO THE AT
TORNEY GENERAL.
WILL PREPARE AN ANSWER.
ATTORNEY JOHN #. KELLY Ex-
PLAINS THE GROUNDS ON WHICH
KANDIYOHI PEOPLE
SEEK TO PROCURE AN INJUNCTION.
That There Are Grounds for
the Action.

Hon. Charming Seabury chairman
of the Capitol commission, submitted to
Attorney General Childs yesterday the
papers served on him IN the proceed
ings begun by number Of the resi-
dents of Kandiyohi county, through
Attorney John F. Kelly, to prevent the
construction of the new capitol build
ing in ST. Paul. AS told IN the q 4 . e
last week, the members of the COM
mission were notified that Injunction
proceedings would be begun before
Judge Ives at Crookston, to prevent the
state from erecting the proposed build
ing in st. Paul. The MEMOIRS of The
commission do not apprehend hat the
| proceedings will amount to anything,
but as the case will come Up it will be
necessary for the state to be represent
ed. So the attorney general will look
afterit and prepare an answer at once.
John F. Kelly was asked yesterday
for statement of the frauds on which
the proceedings were based. He said
1.-THE action involves four constitu-
| tional questions. One is that the scat
| of government at ST. Paul was only
temporarily located here, and that for
such a temporary seat the state should
y &, w
as the building of a new capitol will
be permanent structure and will
mean the permanent seat of govern
ment of the state.
I'm the second place, it is claimed
that the constitution provides for o4di-
nary and extraordinary expense The
ordinary expenses are for charges and
expenses for the civil conduct of the
state government. while the extraordi-
nary expenses are those other than the
ordinary. For the ordinary expenses
the ordinary tax levy is available. The
extraordinary expenses are by in
creased Indebtedness, and are met by
the issue of bonds or otherwise. In
this case the cost of erecting the cap
itol is to be taken from the ordinary
money for ordinary expenses, while
the money for extraordinary expenses
should be used.
I'm the third place 1t is claimed that
the lands for capitol building were
accepted from Kandiyohi by an ire
yccable ordinance by the state OF Min
nesota, the constitution providing that
any donation of that kind shall be ap-
propriated for that purpose. In this
case it is claimed those lands must be
first used for permanent seat, that
Is lOT b WIlGu one
is built, unless some other site is Sc
lected by a vote of the people.
THE law provides for a tax by using
the revenue fund as a cart for levying
that tax and doesn't provide in the tt
tie for the levying Of the tax
I'VE think 1t is all plain enough and
that the action is not matter to be
laughed at.
LAS for our beginning the action
where we did, I will tell you about that.
fhe law provided that such an action
shall be begun before some court that
would be the same as unbia sed juror.
We did not begin it before the judge
ur there, for he might not be unbiased.
For the same reason the proceedings
were not commenced here. The people
cast their eyes over the state and
thought the judge at Crookston would
be the same as an unbiased Juror, and
began the action there. That court
ray not think there is anything In 1t,
and the state supreme court may not
think there is anything in it, while the
United States supreme court may think
there is something in 1T, for there is
principle involving a constitutional
question I do not know when the
question case will come up. If the state
takes no action in the meantime, it
will come up in the regular business
in the December term of court. We do
rot wish to interfere or delay the work
going on at present, but the people
want the question settled