, 1860-09-21
TERRITORY or WAsuIYGToN +:
EE RclaiioRe
George Gallagher
Information
r. NJ. Walker

/ or restraining order on the respondent, Il.
NJ. Walker, under the following circum-
stances: Service of process in the case Of
information not having been had in time
for hearing at the present term of the
court, the relator asks that respondent be
enjoined from exercising the duties and re-
ceiving the emoluments of Capitol Com
missioner, unil the rights Of the relator
thereto be determined on the hearing of the
information at March term, 1861, Of this
court
The facts of the case are as follows -
The relator, with L. II Fowler and Pat
rick A'Hern, were by the Legislative AS
sembIy of the Territory of Washington, at
the session for 1859 and go, elected Capt.
tol Commissioners, under the provisions of
an act Of the said Legislative Assembly
passed at the session for 1851 and S.
The said relator, by a majority Of the said
commissioners, was elected Acting Com
missioner, executed his bond, and entered
upon the discharge of the duties of his
Office Congress, by an act passed --
-, appropriated the sum of $50, 900 for
the erection of temporary Capitol for the
Territory Of Washington, which said
moneys, or a part thereof, were remitted
to the Treasury Department Of the United
States to the Chief Justice of this Terrific
Try, with instructions to deliver the same to
the Governor of the said Territory on his
executing a bond in certain specific terms,
with approved sureties. Henry NJ. McGill,
the Acting Governor Of said Territory exc
cuted the bond in conformity with the said
instructions, and, on its delivery, received
the funds.
On the 18th day of August, 1860, Act
ing Governor McGill removed the relator
from the Office of Acting Commissioner,
and appointed to Gil the place, r. NJ.
Walker, the respondent, who executed his
bond and entered upon the discharge of
the duties of the Office.
The single issue presented for the consid-
GRAFTON of the court is, the propriety and
necessity for granting an injunction. In
the discussion, however, of this case, the
counsel have taken wide latitude, and the
merits of the Question, as they would he
presented on an issue formed on the infor-
nation, have been thoroughly examined.
While much that would be pertinent, if
we were trying the rights of the rclator to
the Office of Acting Commissioner, have
been urged, we do not think they necessa-
riy enter into consideration in the present
case.
The rights Of the relator to the Office is
not now before the court for trial, and in
passing on the present application, it is the
desire Of the court to SO dispose of the
present issue as not to prejudice the rights
of the relator when they come to be con-
sidered on the final hearing of this case.
1t appears that the respondent has en-
5 tered into contracts, and is actively en-
gagged in efforts connected with the erection
of the Capitol building; that he is acting
under the immediate direction of the Act
ing Governor, who it is claimed is the dis
bursting officer Of the Capitol fund, under
: the control and direction Of the Secretary
} of the Treasury of the United States. 1t
thus appears that other interests than those
: of the contestants are involved in the issue
presented, and it is the duty Of the court
to consider all of the interests involved,
: where it does not materially affect adverse.
ly the interests Of the relator.
! We cannot entertain as correct the views
of the counsel of relator in supposing the
Treasury Department in error in treating
the disbursing agent of the Capitol fund as
an agent of the Government and requiring
that tho same should be disbursed under
; the instructions of that Department. 1t is,
so far as our knowledge extends, in har-
!, mony With the practice Of the Government
to control the disbursements Of appropria-
tions made by Congress for the various
governmental purposes. Without this re.
straint the Treasury Department of the
: Government would be powerless to assert
its rights and protect the public interests.
: For this purpose, and to secure the Gov
ernment against the malpractice Of its
agents in the management of the public
funds, the act commonly known as the sub
: treasury act was passed, under which it has
, been held that a clerk 10 post Office, act
: ing as cashier, is public officer within the
provisions Of the act In all cases where
appropriations are made by Congress, if no
: one be assigned, specifically, by the terms
: of the act to disburse the funds so appro-
I priated, then the disbursements would nee
essarily be made by the Treasury Depart
ment or its agents. In the case under con-
sideration, we are satisfied the Treasury
e Department of the United States was cor.
rect in their Interpretation of the Organic
/ Act, in assigning to the Governor of the
c Territory the duty Of disbursing the Capt.
S tol funds.
) In this view of the case, very grave
e difficulty presents itself in the way Of grant
ing a provisional injunction. While it
would not determine the rights of the rela-
!: tor under the information, it might materi-
t ally affect the public interests by delaying
n the completion of the public buildings, and
e interfere with contracts already entered
Y into.
e In this we do not mean to intimate that
# the relator, if reinstated in the Office Of
Acting Commissioner, would not proceed
: promptly in the discharge of his duties
S but it will be understood that under this