The Bismarck Tribune from Bismarck, North Dakota • Page 4

THE BISMARCK WEEKLY TRIBUNE. i( 1 i is i i BY M. H. JEWELL. THEDAILTf TKIBUJJE.

Published every morning, except Monday, at Bismarck, Dakota, is delivered by earner to all parts of the city at twenty-five cents per week. per SUBSCRIPTION BATES. One month, postage paid i.oo Three months, postage paid 3.00 Klx months, postage paid 5.00 One year, postage paid 10 THE WEEKLY TRIBUNE? Eight pages, containing a summary ot tbe news of the week, both foreign and local, published every Friday, sent, postage paid, to any address for 92.00; six months. $1.25. to ADVEETISERS The DAILY TRIBUNE circulates in every town within one hundred miles of Bismarck reached by a dally mail, and is by far the best advertising medium in this part of the Northwest.

The WEEKLY TBIBUNE has a large and rap- Idly increasing circulation throughout the country, and is a desirable sheet through which to reach the farmers and residents of tbe small towns remote from railroad lines. The general eastern agent of the TRIBUNE is A. F. Richardson, with headquarters at Room 65. Tribune Building.

New YorK. DECOKATIOX DAY. THEIR graves are in the valley, on the hill side, and on the plain. They sleep in the sacred soil where they fell. O'er their unma.

ked resting places the stars and stripes, the unsullied emblem of freedom and liberty for which they fell, waives in graceful furls, as a reminder of the noble works, the heroic efforts, the priceless sacrifices which they made in its behalf and for its protection. "Tis Decoration day. They to whom this day of memorial services has been dedicated cannot join in the glad hurrah for the country's liberty. Their voiceless harps are hung on the weeping willows of time and their rusty swords bespeak their absence. They came not back for laurels or applause, but followed the swift summons of death and left the grandest republic of freedom ever kisstd by heaven's sunlight as their everlasting monument.

Beneath the bending arch of the same sky which looked down upon their patriotic struggles, many a care worn widow and fatherless youth and maiden listens to the drum beat to day. We all the blessings bought by their blood, and our liberty is guarded by their memory. Decoiation day is far more worthy of recognition and the expenditure of time and enthusiasm than July 4th or any other holiday on the calendar. On the fourih of July we rejoice because we are free. On Decoration day we pay tribute to those who made us free.

Let flowers, sweet drooping flowers be strewn upon their graves and raise the flag of liberty on every spire and dome. It is small recompence to those mourn the loss of their kind, protecting husband or their bright eyed boy. From the swamps of Florida to the British line, from Pilgrims Bock to the Pacific shore, let martial strains and music sweet remind the soldiers living of their comrades dead. tie Djjik IN looking over the exchanges it is found that all save the Yankton mud machines, are congratulating Bismarck on the supreme court decision, and iking the only sensible view of the case, i. that the capital is at Bismarck, here to remain permanent and undisturbed.

The Grand Forks Herald, pursuing its usual course of snarling and snapping, follows in the wake of the P. and -md says spiteful thin-s concerning the capital commissioners. The Press and Dakotaian, of Yankton, is not expected to give a fair and unbiased statement of the case. It would be against the principles of that sheet to utter even an insinuation at the truth. Its record is one of blackmailing, misrepresentation and political scavenger wot k.

Its miniature editorial lilliputian, who furnishes the alleged brains of the institution, has not vigor and vitality enough in his shriveled carcass to support a good, generous thought, and yet, through the mediumship of a few political tricksters, who use him as a tool to work in their cess-pools of iniquity, he has secured control of the associate press repoit at Yankton, and never misses an opportunity to cast a cloud over the truth. The dispatches concerning the supreme court decision with which he flooded the country, in an endeavor to convey the impression that the question was ill in a state of contention, were not only of great injury to the territory, but an insult to the jndges who rendered the decision. And now, after compelling the associate press to pay for the transmission of his mephitic editorial telegrams from one end of the Union to the other, he continues to drag his slimy pen through the columns cf his forty-jackass power smut machine, and tells the people of the territory that the supreme court placed the question in a more deplorable muddle than The fact remains, however, that the Opinions of the ablest attorneys in the northwest have been sent to ihe papers of the country and all sound-minded people are aware that the decision was final and the capital is at Bismarck. Little Bowen's vi- perish fangs are too small to reach very deep and cannot do any great amount of harm, but some one will accidentally step up on him, if he does not soon waste away into nonenity, and leave a little on the thistle-strewn political path into which he has been blown. THE leading newspapers of both North and South Dakota are advocating peace and harmony and the cultivation of more friendly relations between the opposing factions, now that the vexed capital question has been settled highest judicial tribunal to be ched.

Thetis right. The people of have done themselves an untold of injury this by Donnyb: policy which has been pursued past. The TEistrNE believes tb only correct platform upon whh to stand in the advancement and progress I of the domain, is one that is fram 3d on the foundation of friendship and Instead of planning and fighting over petty local gain, we should combii ie oar energies for the development of th fair country with whie courage industries: terprises and publii inducements to tween the north an we are blesse manufacturin en offer ilroad buildin i the south, an thus erase the invisible) and to a great itent imaginary line of division, or be ie contention; maintain a lively and 'hole- some interchange of thoughts, i jresits and social, neighborly greetings, Ind in thia way build up the grandest, i rond- est and most admirable common wealth that has ever been bounded by golden lines of tuesisterhood of state i 'ic territories. INOW then, certain paptrs may jump at expression of belief, and cry "inconsistentcy" because of the capital fight which has just been closed But we beg to call their attention to the fact that it was not Bismarck's fight nor her people's quarrel. It was not battle, nor was it even fight between North and South Dakota.

It was a war waged by Yank- ton's' few restless politicians against the territory of Dakota. It was Yankton against the legislature and the capital commission, and much to the regret and mortification of all honest, decent people it has resolved itself into an onslought upon the supreme court by the same disreputable gang in the southeastern corner of the territory. Yankton has some worthy citizens. In fact the majority of her population consists of as upright and honorable men as ever claimed the right to American citizenship, but in the very heart of the community there is a growing ulcer, composed of such political festers as Hugh J. Campbell and the Press and Dakotaian's which has already damned the once prosperous ittle city of Yankton in the eyes of all respectable thinking people.

The legislature, through the commissioners se ected Bismarck as the seat of government, and Yankton's few uneasy sore, heac endeavored to undo what the represen tatives of the sovereign people had ut the supreme court of the territory reached out its protecting arm and rescued honor 1 and justice from further contamination and outrage, the press of the te rritory will.promulga|te the fact that Yanl fights are not all of South Dakota': kota is not at eternal war with itself, the desired peace ant and no further public disgrace be heaped upon the territory fair name. THE decision of has already made trade and prospec hopes, allayed all kota's seat of govi fights, and that Da- aannony may come the supreme court in the capital commission case, endorsing Bismarck as the capital of the territory, i decided difference here. It has given the people confidence, renewed their lears, and set at rest the vexed and important question of Da- rnment. The press of the territory is teeming with congratulations over the result, which is not only pleasant and encouraging to Bismarck- ers, but demonstrates the universal satisfaction of the people of nearly all (all but one) portions of the territory. It proves that all of Dakota is not at war with itself, and that the men of intelligence and honest men of the territory, are willing to abide by me mandates of the legislature and the supreme court.

The effects of the decision on Bismarck are manifold and far-reaching. In the first place, it will put a large amo'unt of home capital into circulation, in the construction of buildings and the improvement and adornment of the city. It fixes Bismarck as the political center of the territory, and reminds the public that the city is located on the Missouri river, at the crossing of a great transcontinental railroad, and must in the very near future become staunch and flourishing commercial center for tne vast not and fertile be long northwest. It will until country will be fully aware of the fact, that notwithstanding the the entire spiteful, flimsy telegrams sent out fron. Yankton, th capital of Dakota is pei manently located at Bismarck, and then will capital How in from the east to take advantage of the opportunities for investment and secure for its owners desirable property in the now firmly established city of the Missouri slope, But, perhaps the greatest benefit to be derived from this early settlement of tbe question, is the impetus it gives to railroad building.

It is now conceded by all that the railroads will push on to Bismarck from the southwest, thus giving direct communication with Chicago and the lakes, and insuring for this city a permanent and perpetually increasing wholesale trade. Add to this the best prospect for a splendid crop since the settlement of Dakota, and the fact becomes apparent hat the prosperity and progress of Bismarck henceforth will be firm and un- jroken. IN another column the THTBUNE pub- ishes the comments ol the northwestern press upon the recent decision of the supreme court of the territory, confirming without peradventure the action of th capital commission in locating and et tablishing the seat of government at th territory at The most eminent legal authority that has commented upon the supreme court decision, incln ding Attorney-General Hughes, and Col. dough, attorney for the Northern Pr- cific railroad, is unanimous in the ei pression of the opinion that considering the law, the facts and the argumen the decision could not have been othei wise. It will avail nothing that the dii appointed few at Yankton, ignoring law and the wishes of the people of the territory, have availed themselves of their prerogative in appealing to the supreme court of the United States.

It is conceded by all that the case will never reach that high judicial tribunal. By th-j assembling of the legislature at Bii marck for which the late decision provides, every excuse upon which to basje an appeal is swept away. The case is irrevocably decided and the talk" of any stay of proceedings by reason of an appeal lo a higher court is the veriest noiji- sen'e. It is the last wail and whine of he Yankton malcontents. It is the pad- din-? that the soreheads of South kota have placed between themselves and the judicial s'one wall that surrounds them.

It is the meaningless ravings of a demented and disappointed people. Any person of common sense knqws without being told, that in a question of this kind there can be no appeal from the supreme court decision. The convening of the legislature at Bismarck next winter will remove the present question from the jurisdiction of the United States court. The governor the legislature of a territory are empowered to locate the permanent seat of government of such territory. This having been done by the last legislature, and that action confirmed by the supreme court of Dakota, there is no discretion the matter, and Bismarck must be recognized as the lawful capital.

Thus, the case of the protesting coterie at Yankton falls to the ground, and there is no question at issue to take to the higher court. The decision of the judges of ttfe supreme court ends forever the present contest. It also places the tax payeps of Dakota in the possession of a magni- fic nt capital building, costing thus fftr nearly 8150,000, and 320 acres of laijd valued at $200,000, all of which is donated to the territory by the people of Burleigh county. Bismarck is the capital of Dla- kota, and notwithstanding the honors have been won at the expense of a vejs atious and foolish con'est, waged alone by the people of Yankton, the victory is doubly satisfactory because it is manent, and because it has been sanctioned both by a legislative enactment, and the highest judicial authority undfcr our form of government. THE national republican convention is near at hand.

A few more days and the representatives of the' people will' meet in Chicago, to place a republican candidate in the field, who if elected will taie the helm of government and, to a grept extent, shape the course of this grarfd republic for four more years. The frvjo most prominent candidates before the convention will be James G. Elaine, tijie parlimentarian and statesman, and Chester A. Arthur, the present staunch and worthy incumben'. The relative strength of these two men has been thoroughly discussed in ihe press of the country, yet their true and comparative powets are matters of conjecture.

It is claimed by those supposed to know, tba't Arthur's man for the position, provided he cannot secure it himself, is Postmaster General Gresham, and Blaine's preference is said to be Gen. Sherman. If this be true, a very strong fight will be made in the convention, and if the plumed tnight and present executive abandon race themselves and throw their strength with their respective preferen- ies, General Sherman and Postmaster General Gresham will be the leading opponents. In this case it would seem that the hero of the "March to the Sei" will have a great advantage in the convention. These are all good men.

Tlie TRIBUNE has declared itself for Blake and believes that he is entitled to tne position. The Dakota delegation having jeen instructed for Elaine, will stand jy him as long he has a prospect bf nomination. However, if either of the other prominent candidates proves to be the choice of the convention, the TRIBUNE is him, as, the sub- cess of the party, with a good leader, should be the motto of every republican ournal in tlie country. THE capital commission gang have got their decision from the supreme court. Now, what are they going to do about Herald.

Oh, "Bud," thou collossal, thou ex- iravagant, fhou superfluous anl infinite damphooL Why, "Bud," there was a time when we had the most profound respect for your ability as a journalist, and esteemed jou as a gentleman (this is but this last break knocks it all into a torn and shattered ruin. "What are they going to do about it?" What do you expect them to do about it? Do think they are going to demand a ro consideration and ask the judges to cide against them? Would you expeci ihem to adopt the Yankton policy of 'kicking" blindly, regardless of self-in- erest or public respect? "Bud," perhaps you are dazed and insensible. If so; when you regain consciousness you will 'eel like pound'ng your head into a jelly against some lamp post--perhaps you have iilready done it. But we sympathize with you, and hope that soon your physician can say that yau may safely go free again. The commissioners have the decision, and they will abide by it, and when you come up t6 the capital next winter we will give youYmore elaborate COL.

W. P. CLOUGH, o'ne of the most eminent attorneys in the northwest, gives a very lengthy and able opinion on the decision of the supreme court in the cap- ital removal case. After giving a historyJ-g5 methmg was OD of the case, he has the following to say of the legal status of the matter and the decision Originally there were two objections made to the validity of the removal act; first, that the act designated the commissioners instead of providing for their appointment by the governor, by and with the advise and consent of tbe territorial council; second, that the legislature was required by the organic law of Ihe territory to specifically designate the site of the capital, and could not avail itself of the services of a commission to make such selection. The first obj ction waa the one most strenuously urged against the act in tbe district court (before Judge Edgerton), but in tbe supreme court that point was virtually abandoned and the efforts of counsel for Yankton were concentrated upon the second objection, relating to the delegation of power.

No advices are yet at hand as to whether or not the opinion of the court has been written. Frooi the usual procedure of the court in the disposition of cases, it is improbable that the opinion has yet been written. Most probably the decision was announced in open court and the case assigned to one of the jndges composing the majority, for preparation of the opinion. The opinion must necessarily eet forth that the legislature was authorized to employ a commission to select a site for the capital and to designate the members of such commission by name, as commissioners for doing administrative acts of this character are not treated by the courts as officers within the intent of constitutional provisions requiring all officers of a state or territory, as the case may be, to be appointed. This question, in fact, was no longer open for consideration in the Dakota supreme court, as the supreme court of the United States, its immediate superior, settled it some yearn since.

Upon the other proposition, namely, the use of a commission to select the site, the court must have felt itself bound by the very respectable comber of precedents which have been set by the congress of the United States and by the legislatures of individual sta'es and territories. WASHINGTON AS A CASE IN POINT. The capital of the United States was located in this way, congress provided for a commission which should nelect a ttract of ground, not exceeding ten miles square, acd declared that the district BO selected should be the seat of government of the United States. The commission was afterwards appointed and performed its duties by selecting the tract of ground, ten miles fquare, afterward designated "The District of Columbia." This act, fixing the seat of tbe United Steles government at a point to be subsequently designated by a remained the sole act locating the seat of the federal government until the enactment of tbe United States revenue statutes in 1873. The example thus set by congress has been copied by several of the states and territories in respect to their capitals, and has been resorted to probably a thousand times in the location of state institutions and county seats.

In conclusion, I may say the decision of the supreme court at Yankton fixes the seat of the government of Dakota territory at Bismarck, there to remain until it shall have been removed else where by the legislature, or until the supreme court of the United States shall have decided otherwise. The former in wholly improbable, the latter impossible. WE are permitted to take the following extract from a private letter written by Col. William F. Vilas, the great lawyer of Wisconsin, to Attorney General Hughes.

In speaking of the decision of the supreme court in the capital removal case, he says: "The Yankton dispatch announces that an appeal is taken to the supreme court of the United States, and they appear to comfort themselves with the idea that such a proceeding is a snpersedeas. Of course, as nothing but a judgment for costs with a dismissal of the appeal can follow in the end, there can be no supersedeas that will effect the capital question in any way." This is precisely the position taken by Mr. Hughes and Col. Cloutth, and that their view of the law is correct there can be no question. A THKU.IIN«r EPISODE.

Locomotive Instinct- How fie Saved a Train and How- He Saved Himself. On one of the darkest and stormiest nights of the recent unusual winter, the express on one of the leading New York railroads was moving westward from Albany. The engine's headlight threw a strong reflection in advance, but the storm was so blinding it was almost impossible to distinguish anything even at a short distance. Under i such circumstances instinct necessarily takes the place of sight. All seemed to be going well, when, in an instant, the engineer reversed his engine, applied the air brakes, and came to a full stop.

Why he did so he could tell any more than any of us can account for the dread of coming disaster and death, and to the wondering inquiry of his fireman, he simply said: "I feel that something's wrong." Seizing a lantern he swung himself down from tha cab and went forward to investigate. Everything appeared to be right, and he was about to return to his engine when his eye caught sight of a peculiar appearance at the joint of the rail next to him. Brushing the accumulated snow away, he looked a moment, and then uttered an exclamation of horror. The rails on both sides had been unspiked and would have turned over the instant the engine touched them. What inspired this attempt at a train-wrecking is unknown, but it was presumed the confederates of some prisoners who were on the train hoped, in the confusion of an accident, to deliver their friends.

Engineer John Donohoe, of Albany, to whose wonderful instinct was due the salvation of the train, when asked by the writer why he stopped his engine, said: "I tell why. I only know I felt "Do you have these feelings en when upon the roa-1?" contunn the writer. "No, very seldom, although tor ihe past twenty years I have been in a condition to feel appiehen-ion at almost anything." "How is that?" "Why, I have been a victim of one of the worst cases of spepsia ever known. I have not to my bed, as like thousands of others, I am compelled to work whether able or not. Ind ed, when it began I had only a lo-s of appetite, a faint feeling that would not go away and a bad taste in the mouth, but I finally got those terrible craving and gnawing feelings that make life so unbearable and are known as general debility." "What did you do?" "I tried physicians until I became discouraged.

I gsive eight different ones fair tests, but none of them benefited me. I then tried proprietary medicines, but tby foiled likewise. It looked pretty dark for me so far as any mo-e peace or enjoyment in this world are concerned, and I became terribly di-couraged." 'You certainly do not look that way now." "Oh, no, indeed, I am in perfect health now," was the reply, "and I propose to continue so. My nervouness is entirely gone; I can sleep the aching- numbness has disappeared; the pale, sickly appearance has given place to the color of health, and I have readilj put on flesh. This is what has been accomplished by means of Warner's Tippecanoe.

If I ran be cured after a chronic 1 illness of nearly a quarter of a century I believe all suffering in a similar manner can be restored by using the same great remedy." Such is the testimony a man who could detect and remove unseen dangers on the road but could not remove the dangers from within his own system until brought face to face with the great preparation above named which did so much for him andean do as much for all those who require it. First publicalion 30. of Final Proof. TTNITED STATIC LAND OFFICE marck, D. May 2G, 1884.

BIS- Isotice is hereby given that the following named 'ettler hied Ins inten ion to make ttnal proof in support of lus claim, and that said proof will be made before the Register and Receiver at Bismarck, D. on July 3, Frank Millar. for the southwest quarter of section lo township 140, north of range so west He names the following witnesses to his continuous residence upon and culshation of said land MZ- Kdwaal 'Brien. Robert O'Brien, Mathew" O'Brien and George Joy, all of BisniarcH 525pd A. REA.

Register. First publication May 30. Probate Notice. TERRITORY OF DAKOJLA, COUNTY OF Burleigh, in 1'robate Court, Carl Peterson, Judge In the matter of the guardianship of Anna is herebx giwn that C.irolina ONou mother olAlniAOrson. Itas tins twelfth of May.

18M fil. i the Wlge of tins court a pe- titioni.r.ijin«j that A A Komstron be appointed guardian o' said Alma Olson, who is under fourteen ears old. And that Saturdaj, the 21st day of June lw is set aside for the hearing of said petition' Dated Bismarck, May 12,1884 CARL By the court, 523 T. PETERSON, Judsre. First Publication May jo.

Mortsaee, Sale. HERE -VS. default has been made in the paj inent of the principal and interest amounting to the sum of lour him dred and th.rtj dollars and forty cents (430 40., oue upon a certalii promis- sor note bearing date October 6 given John Weber to Thomas Mellon m' the sum of four hundred dollars ($400) and se cured bj a certain moitgag, bearing date the October, 1883, maae bv HanVah Weber and John E. Weber, of the cftv of Bis marck, in the count) of Burleigh and ternrort nf Dakot.i, to said Tuomas of the oY Pittsburg. in the state of Pennsylvania in the sum of twelve hundred dollars ($1 which mortgage was guen to secure saui note as aforesaid, and al-o two other notes each bear ing date October 6, 188.J.

in the sum of four hun" dred dollars (3400), with interest, and due Ju 6. 1884, and October 1884. which sa mSrtKair? is recorded in the oflice of the register of dlett of said Burleigh county, in book 2 of deeds, page 125, at o'clock a m. mort gage Whereas the terms and conditions of said mortgage it was agreed that in case default was made in thepajment of sai 1 sum of inonev or interest, or any oart thereof at the time ami the manner therein specified for the Tnav ment thereof, then and in that case the party onhe second pan, his executors, administrators assigns, might sell hereby granfed ises at public- auction and convex the saine the purchaser fee simple, and out of the ejs arising from such sale, to the cipal and interest then due on said notes gether ith all costs and charges to Whereas, The amount claimed to be due on said mortgage at the date of the first publicatmn of this notice is the sum of tw elve hundred ninety-one dollars and twenty cents namely, twelve hundred dollars pnncpal.and ninety one dollars and I cents for interest, and that said sum mortgage or any part thereof. ecured said Now, therefore, notice hereby ci virtue of a power of sale contamedfn gage, and pursuant to the statute in made and provided, the said morteSre foreclosed, and the premises i deser covered by said mortgage, nainefy hers eleven (11) and twve (12) in blop forty-one In the Northern TPaeinc dition to the city of Bismarck, according to at thereof In the office of the remwt erof of c-ountyrsTuate Tn TM marck, BurJeiga county, Dakota terr ton the hereditaments and' 1 so at aucrion totlie highest bulderlorV is pay said debt and interest and the if i louse in the cit of Bismau-K, md territorv, on Frid.iy, the llth A.

D. 1681, at a ect.to ledeniption at auj time oifj 1 Ufe Allen i 'SFAFLRI.