The Dakota Huronite from Huron, South Dakota • Page 4

THE DAKOTA HTTBONITE. THE HURONITE. THURSDAY, JULY 9, 1885. Terms of tun: One copy one yeur in advance One copy six months in advance 1 One copy three months, In advance DAVIS KETGILU31, Editors and I'roprlutore The Convention. Some of the opponents of the Sioux Falls convention express tho fear thai the convention will be under the con- trol of a lot of "'cranks." In fact there is a strong effort to create the impression, that no interest whatever has been taken by the people in the matter and that unknown and irre- sponsible men of small calibre, will constitute the membership.

While it will be readily admitted that tho vote in tho selection of delegates was light, it will compare very favorably with that of two years since, when the movement was almost without op- position, and extremely popular. At that time the contest Beadle coun- ty was one of the most exciting that had over occurred, and Huron cast the largest vote cast by any city and Beadle the largest vote by any county in the territory, yet the recent vote exceeded the vote at that time by several hundred. As for the "crank" idea, let us look at the delegation from Beadle county. Rev. Dr.

J. H. Moore has few equals Dakota, either in intelligence, experience or ability. Ho served patriotically dur- ing tho war as chaplain, and has for a long time been recognized as one of the leading ministers iu the Moth- odist church, his last charge haviuir been one of the leading churches in Chicago. He has been a resident of Beadle county for over two years and is a gentleman whom we are proud to represent us.

Mujor Coffin is one of our oldest settlers. He served in the army in tho rank of captain, and at the close of the war received an honorary life commission as major, direct from tho president, as special recognition for "meritorious services." He is a plain outspoken man, who has considerable experience in the civil service, and will do good work for our county. J. K. P.

McCallum is another old soldier, who at the present time is commander of Kilpatrick post. He is an attorney who has been in pac in this city for several years, and bears a good reputation. He is a gentleman who appreciates the Influ- ence of tho convention, and who will spare no effort in preparing himself for the requirements as a delegate. Mr. Weatherwax was also a soldier.

He is a plain, common sense farmer, who while devoting himself to his avocation with success, does not fail to keep himself posted on current events. He will represent the best farmer element, and will aid iu mak- ing the delegation felt in the conven- tion. We have not tho pleasure of Mr. Baker's acquaintance, but judging from the hearty endorsement of the delegates from his ueighborhood.and the favorable comments of his home paper, a wise selection has been inado in his choice. Beadle county sends no '-cranks" to Sioux Falls, and not a professional politician is among them.

While the delegation will unques- tionably favor tho separate submis- sion of a prohibitory clause, they are by no means men of one idea, but will take an intelligent interest in all matters before the convyn- tion. While the vote ca'st for them was comparatively light, the choice was not careless, and few less ob- jectionable delegations as a whole have been chosen from this county. What applies in this applies to many others. While such men as Judge Edgerton, Campbell and Ward of Yankton, Moody, of Lawrence, Kellarn of Brulo, Kanouse of San born, Bennett of Clark, Owen of Kingsbwry, and many other gentle- men who have always taken an active interest in the public welfare, no fear need be entertained that the conven- tion has fallen into the hands of or fanatics. All that the convention now needs is a strong ex- pression of the sentiment which so thoroughly predominates in south Dakota to encourage it.

The faction actuated by sollish desires, has boon pushing its views with a vigor and persistence that has created to some extent a strength. sents the true and prevailing senti- ment is fast coming to the rescue, and by an earnest continuation of the work the Sioux Falls convention will be a great power in compelling false impression of its The press which repre- the just rights and recognition which have so long been wrongfully with- heJd from Dakota. ILLEGAL FEES. The Huron Liinil Ollicmls Blameless the 3Iatter. in The Ca-tu Fully Stated.

Saturday's issue of the Pioneer Press contained a telegram from this city of a sensational character stating that the Register and Keceiver of the Huron Laud office had received largo sums through fees illegally charged, stating that the officers had at one time refrained from making the charges, on instructions from the In- terior Department, after which tbe practice was again continued until the officers were compelled to desist The fact of the matter is that the question whether the fees were illegal is still an open one. The doubt as to legality was raised by the Receiver birnaelf as will bo seen by letters published elsewhere. As SOOH as orders were received to return the fees notices were posted in the land office to the effect that they would be returned to all who made application, which has been done iu all cases. There has been DO secret about the matter and the action was widely published at the time. The dispatch attributed to D.

li. Toiuliu, a dis- charged clerk, who is said to have surreptitiously obtained a full list of he names of claimants, while ou- jaged as the confidential clerk of the Receiver, and who caused the di.s- jatch to be seat out of motives of clever advertising icheme that Le was prepared to act is a collecting agent for the claim-! lection of such fees was universally practiced by all the offices in Dakota Iu justification of the construction placed upon the intent of the saic laws, and to evince the sincerity motive in thus construing them, when tbe validity of such a construction was called in question, Judge Wil Hams, ex-member of Congress from Wisconsin and late Register of the Watortown Laud office, who was also in congress when the Act of March 3, 18S3, was passed, was called upon for his opinion. Ho wrote quite an elaborate opinion, maintaining thai the spirit of that act contemplatec that registers and receivers were en- titled to and authorized to collect such fees. This position was also strongly sustained by the Hon. Hiram Barber, ex member of congress from Chicago, in the writing of a similar opinion.

Hon. H. R. Pease, present receiver of the Watortown land office who drafted the act declared its ob- ject to be the same, and that the uct authorized the practice. All these gentlemen are known to be good lawyers.

But after further consideration on this point the Receiver at Huron was not satisfied that the right construc- tion had been placed upon the intent of the said circular; so. desiring to do nothing wrong in this matter and to avoid all error. on the 2Gth of April, 1883, Receiver Lowry wrote to Commissioner McFarlaud, asking further instruction upon this matter. THE LETTEK. Hunox, D.

April iititli, linn. N. SIcFarland, iti-neral Land Ollhe, Waililngton, U. C. DEAU you please inform me if the Register and Receiver are entitled to receive the samu fees for examining testimony taken before the judge, or clerk of a court, or a The laws which were enacted to I otary lublic iu CUSL of tinal jroofs ulate these fees are exceedingly i ue are vhwi said proof is made and as a of the practice would pass upon the question finally, and believing that he would formally sustain the prac- tice and settle the legality of the fee in favor of the local officers.

But his written opinion promulgated by Secretary Tildou did not question his oral statement. Whereupon the prac- tice was stopped. Further, when Receiver Anderson of the Grand Forks, Dakota, laud office was roupuoinced a second time, George H. Walsh of the same city made a bitter tight against him, alleging as a ground for his contest that Mr. Anderson had collected this fee on final proofs.

The question was referred to the Senate Commit- tee on Public Lands who after a thorough examination declared the charge was not illegal, and Mr. An- derson was confirmed by the senate. It will thus appear that the local officers of Dakota had ample authori ty for their course: First, the law on the subject. Second, the identical practice of the United States govern- ment itself. Third, the assurance of those high on authority that the fee was legal.

It is yet an open question looking carefully into the matter whether or not this fee belongs to the officers. for Infants and Children. "Caiitorla la so well adapted to children that I recommend It as superior to any prescription known to mo." H.A.AnciiKn.Sf.D., Ill So. Oxford Brooklyn X. 7.

Tas CiNTAUn COMPACT, 165 Fulton Street, X. Y. Cutoria cures Colic. Constipation, Sour Stomach, Diarrhoea, Eructation, Kills Worms, elves sleep, and promotes di- gestion. Without Injurious medication.

ants. re: ambiguous and quite misleading; cal- culated in themselves to lead even an honest man into error in constru- ing their meaning. If the Dakota laud oilices have collected any foes uot authorized by law, and were con- i sequently illegal, it has grown out the fact thut a wrong construction before Register and Receiver, as per instruction of your circular of the 2yd ultimo, inasmuch, as they havo to examine and approve the same' Register Armstrong and myself do not quite agree upon this point. He claims that we have this privilege, while I entertain some doubts. I 11 was put upon the letter of the law, tblrefore luo respectfully ask your opinion upon this poiut that 1 niiiy guard against any error.

Very Truly Yours, ROBERT Lowiiv. Receiver. TI1E P.EPLY. I DEPAUTMEXT OF THE INTEKIOK i GENERAL LAND OFEICE. WAMHXC.XOX.

D. May 10. 18S3. Hei-i'tfi and I'- elver, Huron, Dakota. i reply to the Ro- coiver's letter of the 2Uth ultimo, the said Act of June 5), 1SSO, collect- relating to fees for examining and ed a fee of on all liual proofs approving testimony reduced to writ- without regard to where they were ing in final homestead cases, taken before a judge or cierk of a court, I have to call your attention to tho and not from any questionable mo- tives.

The Act of June 9. 1880. pro- vides that pre-emption and Lome- stead proofs may be made before a judge or clerk of court, who shall transmit tho same to the register and receiver "with the fees and charges allowed by law." Prior to the pas- sage of tne Act of March 3, 1883, the government upon the authority of in every made, and the same was instance accounted for in Receiver Lowry's account therewith. Thus a precedent was set upon the supposed intent of the said Act. The Act of March 3, 1877, allows a final home- steader to make his proof before the elf rk of a court of record.

Prior to Act of Congress, approved March i5d, 1S7T. U. S. Vol. Ill, p.

403. Very Respectfully, N. C. McFAIlLAXD, Commissioner. This reply was no more definite or that tiroo he was required to come i clear than at first: hence, with the before the local officers, and the Act same uncertainty touching the intent was passed to save the homesteader I of thrc said circular, the officers at the expense of coming to the laud I Huron and throughout Dakota con- oflice.

Further the act declares that "the Register and Receiver shall bo entitled to the same fees for examiu- tinued to collect such fees until in- structed otherwise by the Depart- ment, through circular of the ing and approving said testimony as General Laud Office, dated July 20, are now allowed by law for taking) from the receipt of which the the same." The Act of June 9, 1880, practice was immediately discontin- was passed so that pre-emptors could tied. Pursuant to further instruction enjoy the same privilege, or in other words, that instead of coming to tho local office, they might bo permitted from tho Department conveyed by circular under date of Oct. 4, 188-1, notice to all parties from whom to make proof before the clerk of tho i such fees had been erroneously col- court of the county in which their laud should be located. And with a desire to protect the rights of tho local tho clause was added: "and the sarno shall be transmitted by such clerk of tho court to tho Register and Receiver with tho feo and charges allowed by law." What fee and what charges? Clearly tho fee for examining and approvirg tho testimony as authorized by the Act of March 3,1877. The Act of March 3, 1883, provides, "That the fees al- lowed Registers and Receivers for testimony reduced to writing shall not bo considered or taken into account in determining tho maximum of said officers.

In accordance with tho above, and other instructions communicated by circular of the General Laud Office, under dato of March 23,1883, the officers collect- ed such fees in all cases of final proof, from receipt of said circular, as this their conception of the intent and purpose of the said instructions at this time, and as t.be government had been collecting the same feo prior to this time. Such was the construction placed thereon by alf the registers and receivers in Dakota, and are confirmed by all tho land officers in the country that the col- lected was posted up in the Huron office, and all who have applied for repayment of same have received every cent due them. When the attention of the General Land office was first called to the practice of the local offices, Gen. Pease, of "Watertown, went to Wash- ington to represent the interest of the Dakota officials; and the Hon. John B.

Raymond also took an active part iu their behalf. Both woro as- sured that the local officers had the right to collect the fee on proofs sworn to before the local officers, irrespective of the legal point involv- ed in the collection of fees on pre- emption proofs made before the clerk of tho court. This assurance was given by the Assistant Attorney Gen- eral for the Interior Department, Judge J. K. McCainmon, and his de- cision was telegraphed to the local offices.

Therefore, the question hav- ing been taken on appeal from the Commissioner to the Secretary of the Interior by the register and receiver at Grand Forks, Dakota, the local officers continued to charge the fifteen cents per 1.00 words on all proofs sworn to before them, knowing that Judge McCammon who had given an oral opinion affirming tho correctness OUK CHICAGO A REl'OKT. CHICAGO, July 6th, 'So. A generally celebrated National joliday usually effects the market, causing an easier feeling and slight de- cline. is the case to-day, and the market seems quite weak. Wheat las made a further decline of a frac- tion of a cunt.

The visible supply ind present crop reports show an iu- creaso. and the report of damaging jail storms in the Northwest has not een continued. The receipts of wheat are nearly double what they were one year ago. While the ship- are uot any givater. you can tlierefore readily understand that a vtry heavy stock is fast accumulate ing, and it will a decidedly difficult matter to corner the market.

Corn its own and prices romain liriu under liberal receipt, and there is uot much evidence of sympathy with wheat. Oats are dull and lower. Rye is iu little demand with light receipts. There is at present considerable activ- ity the demand was fullj- up to the supply--seeds of all kinds, clo- ver, timothy, flax and good de- maud for all that is offered. Although the last seven days can only be said to contain live days of active btisi ness transaction, yet diiring.that time over 41.000 head of cattle have been received here, the largest unmber during a period for a long time.

Prices which had advanc- ed from 35 to 50 cents the week be- fore fell back to former quotations. Under a very liberal receipt of hogs the market dropped on" 10 to lo cents. The quality of cattle and hogs is quite good, but the sheep supply which is plentiful is decidedly poor and so is the price paid. Vegetables are in good demand with limited receipts, and cheese is looking up. and country produce is in a better condition than it was some days ago.

Choice butter is quite firm. GKAIN, SEEDs, Ac. WJXTEU WHEAT--No. -J red Itt'Jc STc SI'HING WHEAT--No S7c No T'J to Ni 1 hard, market, Mi; Dulntli market, fOHN--No2, 474 to ISc No IT to He No sample, to No-J 33 i totlfi'jc No white, to 3.V- 4 Ilarley 3Sc UYE--Bv sample No 3, to UAKLEV-- By wimple, 17 to TIMOTHY stED--Poor irond, to 31.5i FLAX SEK1J--No 1, UI.OVEIC SEED--Poor to choice. 34.7."i to HUCKWHEAT- Prim-, hand picked, I'OTATOKS-New, 73 to Stc Old, to lite BUTTEH--Creamery choice to fancy, to IfiVjC Dairy choice to fancy, 13 to 13c Common 10 to lie EGOS--Fresh Northern, llVjc No2, stock or Southern, 'J to CHEESE--Young America, 3c Full cream Cheddar, 1H to 7Hc Skimuiiid, 2to3c chlckena, 9c Sprint; chickens, I I to Ific Live turkey, to LIVE STOCK.

OA1TLE--Good to ertra shippers, $3.30 to Common to good, to J3.23 Butchers' steers, to Stockrs, J3.23to I.7J Texans, to3t.r HOGS--Licht weight, lioush packing, to Heavy packing shipping, to $4.10 SHEEP--Common to choice, 10 to 33.73 THE IITJROIV City Milling Company PATENT SELF ADJUSTING CORSET (IMPROVED) Is only perfect Uttlng, truly comfortable and health-preserving Corset made. Has an elastic section above and below a corded center- lece. Entirely different from any other. Every orset Is stamped and absolutely guaranteed in every particular. Be sure to get the Downs'Pa- tent.

Manufactured onlv by the Gage-Downs Corset Chicago, and for sale by all Srst class dry goods stores everywhere. Price 51.50, DO YOU KNOW THAT Lorillard's Climax PLUG TOBACCO with Red'TIu Tag; Hose Leaf Fine Cut Chewinc; Narv Clippings, and liiack. Brown and Yellow SNllFFS are the beat and cheapest, quality con- sidered? INCORPORATED. Is Constantly Prepared to fill Oorders for Flour, Graham IMeul. CBOUNB FEED AND SCREENINGS.

AT MODERATE PRICES. I i MAY FLOWER, Fancy Patent. CHALLENGE, Pair Patent. PRIDE of HURON, Straight. Our Flour is Manufactured by the Modern FAMOUS ROLLER SYSTEM And is Equal to any.

in this Market. We have just completed our ma- chinery for manufacturing a FINE GRADE BOLTED MEAL For Family Use. also Exchange Flour and. Feeci fox- "Wliea. We are Prepared to Grind all kinds of Feed for Farmers on Short Xotice.

Patronize and Encourage Home Institutions by always insisting on having Huron City Mills Flour! If your grocer does not keep it, order directly from tho Mill. Dealers in towns on the Dakota Central Railway can obtain all desired information by addressing the Oity 3Hi.ll Oompaiiy, DAKOTA HURON,.