The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1908-06-19

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about $40, 100000 of property belong.
ing to Mellette at its own valuation
which was very low, not counting the
brick block, but only such property
as its officers considered as clear val.
liable assets, there being on such
property only about 100000 of en-.
cumbrance, and that being on the val
liable section lying south of Water.
town, and valued at $4,000 to $780,
900, upon which the state has locat-
ed the Northern Hospital for the In
sane.
To the day of his death. which oc-
Cured May 25, 1896, Governor Mel
Ilette commended that the attorney-gen-
eral of the state, who had the mat
ter in charge, promised him that his
property should first apply upon the
Taylor note, signed by himself and
wife, thus releasing Mrs. Melette's
property (she being merely a surety) },
and the balance would be applied
upon the treasurer's bond. This
agreement, however, was not kept,
and the state attempted to apply all
of Governor Mellette's property upon
the treasurer's bond, thus leaving
Mrs. Mellette's property holden to pay
the Taylor note. This agreement,
made to Governor Mellette by the
encouragement and violated, has
abundant proof in the statements by
Governor Mellette shortly before his
death, and in a statement made in
writing by him and letters written by
him, but never mailed, which are now
in the possession of the writer, and
in addition to these statements and
letters, there were many letters that
were used in the litigation showing
his understanding of the agreement
made.
Governor Mellette, when urged to
protect his wife's property and secure
its release, before consenting that the
state acquire his property, replied to
the writer, When l signed the state
~treasurer's bond l assumed an obli-
cation, and l intend to make it good
as far as 1 can, and l do not want to
do a single act which can be con-
strued as an attempt to defraud or
hinder the stace." Mrs. Mellette did
not sign the treasurer's bond and was
in no way liable thereon, and her
property was entitled to be released
If her husbands property was sufi-
Gent to pay the Taylor note. This
proposition of law the supreme court
has affirmed in deciding the litigation
just closed in Mrs. Mellette's favor.
Governor Melette turned over to
the state every foot of real estate he
owned and only reserved from his
life's accumulations, his law library.
With his property the state secured
a second title by quit-claim to Mrs.
Mellette's property. and refused to
return it. The legislature of 1S96-97
directed the return of her property on
the ground that the note had been
paid, but for political reasons Gov
ernor Andrew e. Lee declined to exc
cute the deed, and Mrs. Mellette was
without recourse, having no chance in
law to bring suit against the state.
She, however, upon legal advice Civ
en- her, retained possession of her
property and forced the state to bring
suit against her for possession, which
1t did in May, 1899.
After two trials in the circuit and
supreme court, dragging over a period
of eight years, Mrs. Mellette was
awarded her property as a matter of
justice and right.
Mrs. Mellette's defense to the ac-
tion brought was upon the legal pro-
position that her husbands property
being sufficient to pay the Taylor note
in full. and the state having received
1t, her obligation was thus discharg-
ed, and in law her property should be
released and reconveyed to her. This
in strict accordance with the
agreement entered into between Gov
ernor Mellette and the state through
its attorney-general, but Governor
Mellette died with the sad experience
that with, his last dollar he had made
his obligations to the state good, but
that the only recourse for his wife
was through the courts to recover her
property that was being illegally
withheld from her.
The sacrifices made and his honor
able dealings with the state from the
earliest public service, entities the
memory of Ex-Governor A. G. Mel
lette to first place in the history of
our state and the hearts of her peo-
pie.