Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1861-02-02
TIE ;rllOry Of Washington.

TIE rritOry Of washington.
I. Henry II. McGill. Acting Governor of the Terri
tory of Washington, to whom these presents sinai
come. erecting:
Know We. That whereas. Gcorg" Gallagher hnv.
ing failed to qualify as Public Printer within the
time prescribed by the act passed by the Lcgisla.
tive Assembly on the nth day OF April. 1854: and
whereas. the resolution passed Ivy the House OF
REPRESENTATIVE for a joint convention to elect a
Printer having been rejected by the Council. the
said resolution cannot. under the 10th joint rulcO
the Assembly. he renewed at this period of the
present scssinn-a vacancy is therefore created in
the office of Printer.
Now. therefore, Idohcrcly appoint James Lodge.
of OLYMPIA. in the county of Thurston. to he Pub
lie Printer to fill said vacancy. and do authorize
him to execute and fulfil the duties of that Office
according to law, and to have and to hold said
office. with all the powers. privileges and cmolh-
,1,nts thereto of right appcrtaining. unto him. the
said Jumcs Loig', for the term OF one year from
the 9th day of January. \. d. 1861. and until his
successor is duly elected and qualified.
In testimony whereof. I have hcrcunto
set my hand and affixed the seal of this Ter
T.. s.. ritory. at Olympia. this twcnty-third day
of Jauuary. 4. u. 1861.
HENRY N. McGILL, Acting Gov'r.
We extract the above proclamation
from the last issue of the Pioneer. 1t
will be observed that it is dated Janu-
airy Odd, and appoints James Lodge,
ESQ. from and after january p, 1861.
We envy not II contemporary for
his success in attaining this prize, but
we arc at a loss to conceive where any
authority is found in the laws of WASH
ington Territory forsuch a course upon
the part of the Governor. Did he fall
back on the theory of the Chief JUS
tee of the Territory, in justitying the
usurpation of Governor McGill in the
removal of acknowledgements appointoc,
on the ground that by the Organic Act
a discussing officer is only responsible
to the Secretary of the Treasury and is
not amcnablc to Territorial law, we
would have no comments to make.
But the Governor has recognized i'll
full the vitality of our Territorial law,
andmcrely givesthat law vitality to set
all its provisions at defiance.
What law gives to Gov. McGill au-
thority to make an appointment to an
Office which by law is to be tillcdby the
Assembly, whilst that Legislative AS
scmblv is in session? In the act OF
April 18th, 1854, no such poweris con-
tcrrcd. The Assembly alone have the
right in Joint Convention to elect a
Territorial Printer. BY reference to
the election law in regard to the filling
Of vacancies. the Governor can find no
justification for usMrp1ug such authority.
Sec. 4 of the law of W. Il. page a, acts
Of session 1854, only authorizes that
official to fill such vaca? -.cs when they
occur dwinghereeess OF the Legislature.
Who and what law constituted his
Excellency judge Of the powers of the
Legislative Assembly? How did he
officially learn that that body were pow
erless to elect a Public Printer, because
the Council had rejected a resolution to
go into Joint Convention at a .6red dag,
and by a certain joint rule no other day
could be designated? BY the same
means of knowledge, he might have
learned that a suspension Of rules was
no impossibility with tho present Leg.
islaturc, and that ever the joint rule
spoken of was not like "decrcc of the
Modes and Persians, which altcrcth
not" He should know that it is and
was the suorn duty of the Assembly tc
elect a Printer, if the law he has cited
be operative. lie had 10 right to as
sumo they would violate their oath Of
Office and fail to do a duty imposed by
law, to justify his filling a vacancy;
of which under that law he could take
no official notice until theirscssion hat
expired. As an individual, he might
have been aware of the notification in
tentions of the Council, but rs Gorerm
or he had no information, nor right tt
information, upon which to base sucl
an act. We think the appointment Of
Public Printer, on the 23d of January
was a palpable violation Of the laws o
the Territory.
Again: why is it Mr.. Lodges tern
of office commenced upon the 27tl
January, four days after date Of proc
lamation? Because the term of Ed
ward Furste, Esq, did not expire til
+ ill.,. AlA IL. IL