The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-10-06
SUIT BEGUN AT cRooKsToM
THE COMMISSION FROM FUR
THEIR WORK.
PAPERS HAVE BEEN SERVED
And the Commission Will Meet To-
day to Decide Upon "a Course
of Action.


that county, have their way about it.
They have decided that the capital
has never been permanently located at
st. Paul, just as the three tailors Of
Tooley street once decided that they
We're the people. They have found in
tricacies in the law which they claim
make it necessary for the permanent
capital Of this state to be located in
Kandiyohi county. They insist that it
be located there.
Six months ago, or Whereabouts, there
appeared in the Willmar papers a GER
tain "ad' inviting all who would sub
scribe to a fund for the prosecution of
Kandiyohi county's just claims to rec
ognition. 1t was a great deal like hunt
ing ducks with a brass band, but the
people of St. Paul didn't seem to scare
a little bit, and the capitol commission
went right on laying stone upon stone,
as though the capitol to cap the top Of
Mt. Aurora were to be permanent in
stead of a transftory thing of hun
dred years or so.
1t now develops that eventually the
Kandiyohi people subscribed enough to
engage legal services, and J. T. Kelly,
ST. Paul man, was engaged, probably
in accord with the theory that it is
best to fight an enemy with his own
weapons.
Matters finally eliminated in the
service Of papers Saturday on Chair
man Seabury, and yesterday on II. w.
Lamberton. at Winona. MIR. Lamber-
ton was the first one to consider the
matter Of sufficient moment to even
mention it to his friends, and that is
the way it leaked out in ST. Paul, where
the Willmar papers are not of general
circulation.
When the commission meets today,
as 1t regularly does on the first Tues
day of the month, 1t will no doubt d.
rect Mr.. Seabury to place the case in
the hands Of the attorney general
Chairman Seabury, when seen last
night, stated that he had been served
with the papers in the suit Saturday
afternoon, but that he had not consider
ed the matter of sufficient Importance
even to warrant any haste in placing
the matter before Attorney General
ChildS, to whom it will be delivered for
the preparation of an answer. The COM
mission happened to have a regular
scheduled meeting this afternoon, and
no doubt all the members when they
arrived would have been served with
similar papers.
Mr.. Seabury referred to the suit as
a bit Of buncombe, Of which nothing
could come, and of which nothing de-
served to come. The members of the
commission had known since spring Of
the preparations for the suit. 50 twas
no surprise. They would probably not
b. seriously disturbed bv it at this
time.
''It was not an injunction" said Mr..
Seabury, "that was served, but notice
of an application for an injunction
The courts would not issue any injunc-
ton on such a flimsy pretext, although
suppose they could not properly deny
these people a hearing.
THE less said about II the better, I
thought" he said, These people have
cited in their application a lot CT laws
passed by congress setting aside ter
ritory for the state Of Minnesota, and
setting aside a tract about in the
geographical center Of the state for
capitol purposes, even before the act
Of ADM sion was &C ually passed. They
insist that this tract must of necessity
be used for capitol purposes under
that act and on that basis they make
their fight. But as q matter of fact,
when the constitution of this state was
adopted, the people of the stare voted
upon the question of the location of
It..
Paul by a vote of 10000 to $1,000. or
thereabouts, 1 forget the exact figures.
but that's close enough. That choice
has not only been approved by the
legislature of the state, but by congress
and the president of the United States.
and / have no doubt that the selection
will stand in spite Of the present suit.
II L had been seriously agitated about
the matter, / would have presented
1t to Attorney General Childs today.
l did not get up to the capitol, though.
There's plenty Of time The thing has
been waiting several months now. and
L guess 1t can wait a few hours more.
Now. they all live in Kandiyohi.
these people, but they have this writ
made returnable before Judge Frank
Ives. way UP at Crookston. WHY Is
that? I don't know, unless thew think
they will stand a better show if thew
get 1t away up there among the Pops.
That shows about the weight of the
people who are behind the suit. in nv
opinion"
George J. Grant, who is the contrac-
tor on the work at present being done
on the new capitol. was interviewed
last night. but at the time had not
been served with the papers. The
present action, 1t seems, does not an
Ply to him, as there is no Injunction,
or even temporary restraining order.
yet made. It Is probable. therefore
that no service will be ATTEMPTED on
him until after the hearing on the or
der to show cause, which the next
regular term Of the Fourteenth iudf-
cia1 district court will open at Ada
Norman county, Wednesday. Nov. 4
but 1T is probable the case will be
heard at a special term previous to
that time at Crookston, which Is the
residence of Judge Ives.
Section 10, Of the organic act for the
territory OF Minnesota, Is as follows:
And be 1t further enacted, That the
legislative assembly of the territory Of
Minnesota shall hold Its first session
in St. Paul; and at said first session.
the governor and legislative assembly
shall locate and establish a temporary
seat of government for said territory.
at such place as they may deem eligf-
BILE; and shall at such time as they see
proper prescribe by law the manner
OF locating the permanent seat of gov
eminent CT said territory by a vote of
the people"
In the same section $4,000 Is appro-
priated for the erection OF suitable
territorial buildings.
Article Is, of the constitution OF the
state, says: Section 1. The seat OF
government OF the state shall be at
the city of st. Paul, but the legisia-
ture at their first, or any future ses-
sion, may provide by law for a change
OF the seat Of the government by a
vote of the people. or may locate the
same upon the land granted by con-
eress for q seat OF government to the
state"
the organie act first above referred TO
was passed March .1849. In January, 1851.
the capitol was permanently located
at st. Paul. the university at ST. An
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