Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1863-09-05
SATURDAY MORNING, SEPT. 5, 1863.
As a Matter of Course.

As Matter of Course.
The Walla Walla Statesman of the 22d
ult. contains an article entitled Executive
Encroachmcnts,' from which we make the
following extract:
"Gov. Wallace, by his removal and appoint
meat of county officers in the organized counties
Of Idaho, has commenced his career in that Terri
tory in a manner not calculated to win the npprO.
baton of those who really believe in the right OF
the people to govern themselvcs.-a theory which
some even nowadays are old-Mshoned enough
to be really attached to-
1t appears from the above extract that Gov.
Wallace saw proper to appoint county 9TH
GERS, under the following section of the Or
ganic Act:
Sec 7. and be IL further enrcted, That all town.
ship, district, and county officers, not herein 9TH
erwisc provided for, shall be appointed or elected,
as the case may be- in such manner as shall be
provided by the governor and legislative assembly
of the Territory of Idaho The governor shall
nominate, and by and with the advice and consent
of the legislative council, appoint all officers not
berein provided for and in the first instance the
governor alone may appoint all said officers who
shall hold their offices until the end of the first
session of the legislative assembly, and shall lay
off the necessary districts for members of the coun-
Gil and house of representatives, and all other oli-
GERS.
1t seems to us the above language is too
plain to leave room for doubt as to the
power of the Governor to appoint the county
officers, and it is equally clear to our mind
that the law reqxircs him so to do. The
above section-and there is nothing in the
remainder of the law in conflict with it-after
rcciting how "township, district and county
officers" shall be appointed, says" and in
the first instance, the Governor alone may ap-
point all said officers. And shall
lay off the necessary districts for members of
the Council and House Of Representatives,
and all other o0;cers." Now if there is a
doubt as to whether the words "all said off,
GERS refer to county and district officers, as
we'll as those not otherwise provided for, the
power given to the Governor to lay off cleo
ton districts for members Of the Legislature
and all other officers, would settle it detin-
itely.
It must be remembered that the Governor
Is made part Of the making power.
This is clearly shown in the first clause of the
seventh section, quoted above: "All town.
ship, district and county officers, not herein
otherwise provided for, shall be appointed OF
elected, as the case may be, in such manner as
shall DO provided by the Governor and Legis-
Iative Assembly of the Territory of Idaho
And in the first instance, the Gov
ernor alone, may appoint all said officers. u
The words first instance" clearly refer to
the temporary organization Of the Territory
and no unprejudiced person who reads the
law can come to any other conclusion thar
that the Governor was required to do, air
the first instance" all that he and the Legis
lature arc empowered to do after the Legis
lature shall have been elected Nothing car
be clearly than this, and there is therefore
NO ground to justify charging the Governor
with encroaching upon the rights of the PEG
pie; and it is most contemplate demagoguislr
to attempt to get up an excitement on this
matter.
The officers included in the words "other
wise provided for" are manifestly those ap
pointed by tho President-the three Judges
the Governor. the Secretary, the Marshal and
the District Attorney. The district officers
alluded to are the Prosecuting Attorneys. and
Clerks for the Judicial Districts.
The argument Of the Statesman drawn from
precedents in the organization of Washington
Territory, if it proves anything. proves toe
much. 1t does not follow as sequence that
because the laws Of Washington Territory
may be in force in that portion of Idaho taken
from Washington. that the officers of our Ter
ritory nave jurisdiction over the Territory o.
Idaho, the larger portion of which was taken
from Decota and Nebraska. In the absence
Of any provision making the laws Of either o.
the Territories applicable to Idaho, there is ne
more reason for applying those Of Washing
ton than those Of Dekota or Nebraska. Thu
fact Of itself, if there were no specific provis
ion in the act authorizing the Governor to ap
point all the officers except those whose ap
pointments eminate from the President ant
Senate, would have justified the appointment
Of all the county officers, to secure uniformit,
of action in the Territory.
We know Gov. Wallace too well to believ
that be is disposed to infringe upon the right
Of the people, but when his duty is plainly in