Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1862-04-19

} Errur To- the 2d Judicial District liza &"
th,. iaTi~.liriinn ii the tourr. To- take c"gui-
zaner ri this ca-e at Oiy ympii. w l.. this
,,lac. MT i~.ing the IS Seat of Government Oi
Washington Territory. bu; the sanr l. AT sn-
eouvrr. in CLARK. county. in said Territory.
Argued bv Gariiene. Lawrence. 'heno-
w-,h and Hubi.- to sustain the plea; Ivan
and Lander. contra.
MAJORITY DECISION oF THE COURT Ei il rGE
/ uLiPH,NT.
! Til, j. a grave and important question. II
comes before us laden and fr,gltcd 18th high
National Territorial. and i;di, dual inter. >;s.
and i, has been argued on both sides with
marked ability. The issue arises by virtue
of certain acts of the Territorial Legislative
Assembly. passed at the session of 1850 and
1861. and contained in the printed laws of
those years. There is no dispute as to any
discrepancy between the printed, and the cn-
rolled laws remaining in the office of the Sec
retary of the Territory. These laws are as
follows viz:
"An act to permanently locate the Seat of
Government for the Territory Of Washington.
"Sec /. From and after the passage Of this
act, the Seat of Government for the Territory
of Washington shall be and remain at the city
of Vancouver, in Clarke county.
"Sec. 9. The Capitol Commissioners are
hereby empowered and directed to locate the
grounds and erect the Capitol buildings there
on at the city of Vancouver, according to the
instructions from the Government of the Uni
ted States and the laws of this Territory in re-
lation thereto.
"Sec. 3. The present session of the Lcsis-
I ~. Il ,1,,n
til The close thereof.
"I.yMAN SHArrER,
"Speakcr of the House of Representatives.
"PAuL X HUNS,
"President of the Council
The Lcgislatirc assembly ofMe Ttyr,tO-
ry Of Washington do enact as. t1ilo~s:
I" Sec. |. The qualified voters Of the Terri
tory of Washington, at the next annual clrc-
ton, are hereby requested to vote in their re-
sprttivc pIecincts, naming their choice of the
place of location of the Seat of Government for
said Territory.
"Scc 3 In voting it shall be sufficient to
print or write the name of the place SO designa-
ted as the choice of the person voting, as
"Olympia," "Vancouver" Or any other place,
in accordance with the preference ofthc voter.
"Scc. g. The Judges OF election shall cause
to be counted the said votes, and due return
made thereof, in the same manner rs returns
are made for Delegate to Congress, and the
Governor shall publish by proclamation immc-
datelv after the returns are madc the number
of votes given for each place voted for.
"LyMAN SHAFFER,
"Spcakcr of the House of Representatives.
"PAuL X. HuBBs,
"Prcsident of the Council"
| The first of these acts comes to us Gin such
a questionable shape" that we "must speak,"
at least, of it. 1t is born into the world with
out date, without an enacting clause and
without paternity. Owing to this anomalous
legislation, this Court is placed in the posi-
tion of finding out and determining as best it
can where is the seat Of government of Wash
ington Territory, thus changing the phase of
its ambulatory character and giving to it ga
local habitation and name."
This Territory owes it's existence to what
is called the "Organic Act" passed by Con
gress the I'd of March, 1853.
The portions of that act hearing on this case
are contained in sections four, nine and thir-
teen. By section four the Legislative power
is "vcstcd in n Legislative Assembly. to con-
sist of a Council and House Of Representa-
tivcs." The same section fixes the number
Of each, and the manner of their election. Ev
section nine the Judicial power is vested in a
Supreme Court. District Courts. Probate
Courts and Justices of the Peace. The SUI
preme Court. as the act in this section fur
fher declares. is to consist Of a Chief Justice
and two Associate Justices. and shall hold a
term annually. at tine " Seat Of Government.
SECTION ihirfe.n enacss. +" That the Irgi>la-
tive Assembly of Washington Territory shsl!
hold it, firsi session at the time and place in
said Territory as the Governor shall appoint
and direct and At the said first SESSION. or
a. s..oa thereafter rs ihev shall dss-sn expe.li-
cni the legislative Assembly sLall Pr-r.,-d to
i.~aie and establish the sat of government ai
such place as they NAV deem .ligiilr. which
p.acr. however shall thereafter be subject 'o be
changed by said legislative Assembly" The
same act appropria,es the sum of five shoa-
sand dollars for the erection of public build
in=s at the seat of government.
The firS. Legislative Assembly did not. a il
seems avail themselves of lhe powers granted
to ihrtn by Congress to Z" locafe and establish
the seat &c government for the Territory. il
was. however. subsequently,. in the year ST..
heated and established hy the I<gislaiiy.
A.. mhly a, olympia. Amer this location.
Congress n; its session II 1856 and 81 made
an appropriation II thirty thousand dollars for
the ERECTION "f Capitol. Ar.
Commissioners were appointed hy the I er-
ri,orial Legislature, and a Pertion If the
money has been expendrsli in pursuance Of the
provisions of this act Of Congress
T,is is a brief oEilire Of the tirs; branch o.