Union County courier. [volume] (Elk Point, Union County, D.T. [S.D.]) 187?-1913, 1897-07-01

necessary to appoint HIM Col. Of the
| First Regt. OF the S. D. n. c., why
| don you say so, and say SO to me, and
ask me TO resign or waive for that
reason, and not assume that you haye
the unquestioned and absolute right to
summarily dismiss me?
Had you appointed some one of the
officers of the National Guard who are
IN line for promotion, would have
been perfectly satisfied, but you say all
line officers have waived. fcalled your
attention to the law, that even had |
waived my right of promotion it would
be necessary for you TO have gotten the
waiver of all the officers down to the
p.'ivates W host, date of enlistment was
paiOr to Col. Shcafe. aud this | know
you have not done. as not one officer Of
Go. y. has been asked 10 waive his
wight TO promotion, and your order
saows upon its face that you never
asked one of the Co Commanders to
waive, that youi imight appoint Col.
.beafc,
) Now my dear Governor, you have cN-
eeeded your authority, and violated
yutir oath Of office as Governor Of the
ate Of South Dakota. in this: You
nave taken in that oath and make the
su'4mn statement that you would
seaport the Constitution Of the state
OF South Dakota, and yet you have
openly violated one Of the provisions
~ that Constitution in this: Section 1
20. Article l5 reads as follows: ''All
militia officers shall be commissioned
br she Governor, and may hold their
commissions for such period as the
Legislature may provide, to be re-
moved by the Governor Tor cause, to be
first ascertained by court
pursuant to law
I, Have you followed out the above pro-
vision? II not. you have violated it,
have you not, except the fact that you
have attempted by your pretended or
der 10 remove me?
Again. you made the further pledge
in your oath OF office that you would
perform your duties as Governor to the
best of your abilities. Have you done
so? Let us see.
Every man is supposed to know the
law, and especially the plain and sim
pie provisions. You can not say that
you were not familiar with the law
Upon this subject, as I called your at
tention to the law by letter, and you
observed it, in as much as you sent
a party to me to ask me to waive my
right to promotion and to allow you to
appoint Col. Sheafe to fiji the unex
pired time of Col. Ruth, as you We're
going to remove him. Then if this be
true, and you knew the law and your
lawful duties and failed to properly
perform them to the be st of your abili-
ties, you have certainly violated your
oath of office. Is this not also true?
Now, Governor, it has just come to
my ears that Col. Sheafe has sent out
circnlar letters 10 the different compa-
nies, notifying them that he had as.
| sumed the duties of Colonel and thank
ing them, etc.
desire to reiterate what | said to
you in my letter of May Sd, that ! Go
not recognize Col. Sheafe, and have not
and will not recognize the order dis
missing me, nor will turn oyer or sur.
render any part of the paraphernalia
belonging to the office Of Lieut.. Col
until have a proper hearing, .and wher
that is done, and you have proved the
contents OF your pretended charges in
your order, will cheerfully turn owe,
all property in my charge and vacate
the Office, and not until then.
You must remember. Governor, tha'
YOU are not endowed with the power O
Capt. General Weyler, nor are you Gen
Weyler, nor do you own the great state
OF South Dakota, but are simpl,
the servant Of the people, and as such
you are held accountable for your Off
cial conduct.
My dear Governor, all ask of you i
simple justice. and us a citizen of tht
state of South Dakota am entitled t,
be heard, and when I have had that
unbiased and unpreiudiced hearing be
fore an impartial tribunal, as provided
by the provision of the Constitution t.
which | have referred you, then ! vii
be satisfied, and not until then, and il
: the mean time have the kindness tt
permit me to remain,
Your Obedient servant.
A. d. KELLER.
|
= s~> GDf.,