, 1855-12-14

case Of Cyril Ward-asking to be discharg-
ed from further consideration Of the sub
ject, and expressing a hope, that as the
whole matter was question Of law, it might
be referred to the Judiciary committee.
Mr.. Clark moved to indefinitely postpone
the whole subject-which motion, provoked
considerable discussion Mr.. Clark said,
the reasons which induced his support of
that motion were these: The committee
on credentials had, on Tuesday, reported
Mr.. Ward elected and entitled to seat in
this House. At the time, objection could
have been made-if there was any, it
should have been made but Mr.. Ward
was permitted to take the oath Of Office
BY our Rules, adopted on Wednesday, that
vote might have been reconsidered-it was
not-and for the credit Of the house, he
hoped their journal would not expose such
Inconsistencies. As the member had been
sworn in, there was but one way to reach
him, and that was by impeachment-ar-
raign him at the bar Of this House, prefer
charges and establish them. He felt salts
fed that if that course was pursued, it
would waste much of useful time, and only
result in the member retaining his seat
He then referred to the law in the case,
quoting the Organic Act, and the Election
Law, which were the only authorities bear
ing upon the subject. The view he took
was, that Representative, though elected
for county, was Territorial officer and
elected to discharge duties beyond his
county, The Organic Act, so far as it oil
luded to the question, only referred to
members Of the first Legislative Assembly,
and the Election Law, according to his
Judgment, Fixed the matter and did not ex-
clude Mr.. Ward from the seat to which he
was elected.
Mr.. johnson followed, taking decided
ground that the Organic Act was explicit;
it provided that Representatives should
live in the county for which they were
chosen. The Election Law, following up
that idea, expressly declares vacancy
shall occur when the Representative moves
out Of the county for which elected. The
Doctor alluded to bis own case, as elected
for the county of Chehalis. What does
the Hon. Gentleman say, who am
elected for Chehalis, am a representative of
the whole Territory Nara time. am
the member for little Chehalis, not for the
county Of Pacific, or any other county
The gentleman may call his election for
the whole Territory logic, but if it is II
am no Judge Of Physic." 1t is difficult to
follow the Doctor through but he cOnclud-
ed by saying, he wanted an investigation
Of the whole matter, and the right prece-
dents established.
Mr.. Ward asked the indulgence Of the
House to define his position. It was
matter Of much delicacy for him to occupy
the place be did, with the eyes Of the whole
Territory turned upon him. Some weeks
ago, he had misgivings about the matter,
and expressed determination to his friends
to resign his seat in the Honse. He would
gladly be released from the duty, and il he
consulted his own feelings, he would this
day be home. He had talked to his fellow
citizens Of Thurston county-of all parties
and he was proud of the unanimity with
which he was desired to retain his seat
The people Of that comfy had elected him,
and be owed them a debt Of gratitude, and
he could not frustrate their wishes he
could not act against their Judgment. He
did not wish to hold that seat If there was
a doubt about it. He courted an investi-
cation Of the legality of It, and since it
had been agitated, he had examined the
subject. He had full, ample defence for
his course. While he believed with his
friend from Pierce, that it was too late to
move in the matter, as the House had al
ready decided his claim once, and ho had
been sworn, yet, he did not wish to rest
upon that. The law gave him his seat,
and If it did not sustain him, he trusted he
would be dismissed. He examined the va
rious laws Of the Territory bearing on the
subject-read portions Of the Organic Act,
and Election Law, and concluded by leav-
ing the whole subject with the House, ex-
pressing alcon6dence in the position he had
taken. o2w@u
Mr.. Morrow briefly followed, expressing
the hope that the action of the House
would settle the question. He was glad
that the Hon. member, whose seat was in
question, appeared the most anxioas for in
Vestigatiou. He trusted the vote would be
upon proposition which would dispose of
the question and put it at rest. he briefly
alluded to the law Of the case, and doubt
cd whether the motion now before the
House, was the proper one upon which to
argue the matter, or continue its investiga-
tion,v jill ,Iam -li h1 l "a
The question being taken upon the mo-
fiou to indefinitely postpone the whole sub
ject, it itprevailed by large vote 4g
Mr.. Morrow introduced a Resolution
relative to Hon. Frank Clark holding
seat in this Honse. m.l 90 1rl1l 8,
iaOna motion Of Mr.. Howe, Resolution
laid upon the table. . iq' b aa
oOn motion Of Mr. Morrison, the House
and its officers, supplied during the session
with ten copies Of the Pioneer 4 Democrat,
and ten copies Of the Puget Sound Courier.
Then adjourned until Friday, at 10, A. N.
d.