The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-07-07
Those Were the Good Old Days
:: PIONEER WRITES mEMoiRs ::
Recalls Early Political Contests

AA8At8 III UeQ - the supply OF 1eC0.
sense was exhausted early.
On the 22nd OF June, 1881, I married
Cora NJ. Thomas at her home In Yves!
Union, Iowa, ana we built five-room
cottage In Brookines, which was our
home until her death, April 22nd
1850. There were no children Of this
union.
Mr.. scobey succeeded in securing
from the legislature Of 1851 the loca-
ton Of the Territorial Agricultural
College ct Bookings, providing the
people should give to the Territory
eighty acres Of land for site and farm.
Gov. N. q. Ordway had been ap-
pointed by the President and took
office before the session Of the legis-
lature met In 1881, and Mr.. Scobey
was able to make contact with him
that proved useful to Us.
In the fall Of 1852, Mr.. scobey was
reelected to the Territorial Council
ana was made the president Of that
body when 1t met In January, 1883.
The council was very close corpora
ton ct that period Is 1t consisted Of
only twelve members and 1t was In
this body that the scheme to remove
the capitol from Yankton. was con-
ceived and born.
Fight For Capital Begins
The wonderful growth Of popula-
ton Of the Territory In the preceding
five years had built up many BOOM
ing and ambitious towns all over the
map from Pembina to the Missouri
River. Many Of these towns were
ready to buy the capitol and the peo-
pie favored its removal from the far
southern line Of the territory to q
more central and accessible location.
SO far Is the sentiment Of the legis-
lature was concerned, 1t was ripe for
the change. But there was the ques-
ton Of method which for q long time
proved nearly an insurmountable OBJ
stacle. At last the plan Of commits
sion was hit upon, but who should
appoint It? Then the council Of II
nine Of It's members the selec-
ton and they named their trusted
friends. I, being the next friend OF
Mr.. Scobey, was given q place and the
nam. Of all appointees were entered
In the body Of the Act, thus prevent
ing . chance for any change. The
history Of the proceedings Of the
commission has teen SO fully covered
by the able articles Of the late Judge
Spalding, one Of my most highly re.
garded colleagues, that I shall omit
that story. There was, however, one
episode brought on by the anti-re-
moval forces Of the Territory that !
feel Is worth setting forth here. The
business men of Sioux Falls held q
soon after the legislature had
passed the removal bill, to consider
action to arouse public sentiment
against 1t and II possible defeat the
purpose Of the law. They issued glar-
ing circulars headed with the big
black headlines 'Dakotans Save
Yourselves" and spread them over
the Territory calling upon all patriot
ic citizens to assemble In mass meet
ing at Sioux Falls early in April to
denounce the action Of the legislature
and register united protest against
the scandalous move to put the cap
itol Of the Territory on wheels and at
public auction. The people favorable
to removal Immediately sent out word
to all towns ambitious to become the
capitol asking them to send delega-
tions to the Sioux Falls meeting and
II possible to control any action that
might be taken there.
fractional Politics Decides
Hence, towns such as Huron, Pierre,
Mitchell, Aberdeen and Redfield sent
enough representatives to the protest
convention to capture the organiza-
ton and do most Of the talking and
note down the resolution Of protest.
This showed such . widespread senti-
ment in favor Of the removal law that
there was no further effort Of the
ANTS" to get . public organization
In its opposition. The matter was
carried to the courts by intunctions
as fully explained by Judge spalding
and there the act was sustained.
From this time on I took considerable
In Territorial politics. It was
not party politics. It was actually
factional politics In its worst form.
The only principle involved was that
age old slogan Of every fellow for
and the devil take the hind
most Really 90 per cent Of the
people were Republican and up to
1884, when Grover Cleveland was
elected president, the Democrats
maintained . purely perfunctory or
ganisation. In July, 1894. the judicial
districts Of the Territory were In.
creased. by act Of congress. In number
and size to meet with the growing
demands Of the law business Of the
large population. New judges were
appointed by the president. and dis
trict or prosecuting attorneys for
each newly formed district were ap-
pointed. Governor Ordway honored
mo by giving me q commission Is
for the 6th judicial dis
trict comprised Of twenty three coun-
ties in central part Of Territory and
from the Minnesota State
line to the Missouri River. Seward
Smith, . "teetotaler" from Iowa was
by the president s Judge
for the district. We started In hold
ing court at once and, as many Of the
counties had never had term Of
court, there was q great accumulation
Of criminal business, mostly petty
and misdemeanors. Notably in Sphinx
county where no less than 100 per-
sons had been bound over for selling
liquor. local option by counties being
In force. The evidence was mostly In
bottles duly labeled Is to contents.
but living witnesses were quite scarce.
30 We were able to secure only u
from the grand jury. that
then being the procedure IN criminal
cases. In bringing cases to trial, I
chose such @ were backed up with
the best evidence and the way Judge
Smith handled culprits after . verdict
room brought the guilty In TO With
draw their plea Of not guilty and
throw themselves on the mercy Of the
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