The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1932-09-20
BY B. F. SPALDING

Some little time after our orRaniza-
ton, most of the members of the COM
mission were served with process d.
recting them to proceed no further
under the law. I was the youngest
man of the commission and less
known than most of the others and
the papers were not served on me, but
those who were served disregarded
the writ.
The proceeding went to the su-
preme court of the territory. The
commission employed, to assist the at
torneys who were members of the
commission, Hon. William F. Villas OF
Madison. Wis. afterward postmaster
general in Cleveland's administration
and one of the most distinguished at
torneys of Wisconsin. For the relator
the attorneys were E. G. Smith. dis
trict attorney: Bartlett Trip, G. c.
Moody and Gamble brothers.
Both Trip and Moody were later
Judges Of the supreme court of the
territory, and one of the CANDLES was
for many years U. S. senator from
South Dakota.
Includes 80 Pages
The report of the case occupies
nearly 80 pages of the third volume
Of the supreme court reports of the
Dakota Territory. The main opinion
was written by Judge Church and re-
versed the lower court. which had held
the law invalid. with Chief Justice
Edgerton dissenting.
The litigation and the agitation
had such effect that the sale of lots
plated at Bismarck ceased, and the
capital fund was prevented from re-
ceiving any great amount from such
sales.
The excitement at Bismarck and
all through this part of the country
ran high for some weeks after the
location was made and Bismarck ex-
perienced a real estate boom seldom
equaled anywhere. Additions were
plated in all directions coming east
nearly to the penitentiary and run
ming north at least a mile beyond the
capitol building. twenty-five foot
lots that would have sold, if at all,
for but small sums, brought prices
in the thousands. I recall one lot on
Main street with a wooden shack on
it which could have been bought or
was sold for about $4,000, for which
the owner refused $4,000 few days
after the location. He held 1t many
years before he could sell it for 5000.
New banks were established. Among
them Governor Ordway established
the Capital National bank and his
son-in-law came from New Hamp-
shire to manage 1t. r. B. Mellon and
his brother, lately Secretary of the
U. S. treasury. came from Pittsburgh
and established Melons bank. They
flourished for a few years and then
were merged with other banks or IL
quidated
Had No Rich People
Bismarck was but a small hamlet
in those days. It contained no rich
people. While apparently the North
ern Pacific railroad furnished the
land which went with the bid. the
people had to raise the 100000 and
1t was no small undertaking. 1t re-
quired greater effort to raise the last
$1,000 than it had to secure the first
$50 900. Much delay occurred and 1t
was some time before Bismarck paid
the money to the commission.
have heard it stated many times
that Bismarck got out Of 1t without
paying as 1t had agreed. This is not
true. The commission held meet
ing to consider the delay and to take
action. and it was decided that UNI
less Bismarck did pay Immediately,
our action in making the location
would be rescinded. I was delegated
TO call on j. w. Raymond. president
of the First National bank OF Bis
marck and chairman Of the finance
committee of the city, to demand the
money promised. visited him IN his
private offices and told him that l
had come there to stay until We got
the money; that We could not give
them further consideration. I don't
recall how long sat in the back
rooms of the bank, but it was some
hours, while he was arranging for the
balance. During the day he brought
in the 100000 and paid 1t to me and
I turned it over to the treasurer o.
the commission.