, 1863-08-22
THE WASHINGTON STATESMAN
SATURDAY MORNING, AUG. %, 1868
Executive Encroachmenta.

lied counties of Idaho, has commenced his
career in that Territory in a manner not
calculated to win the appreciation of those
who really believe in the right of the peO-
pie to govern themselves,-a theory which
some even nowadays are old-fashloned
enough to be really attached to-
Section of the Organic Act-the only
one that confers upon the Governor any
appointing power-provides as follows:
Sec. I. And be Il further enacted, That
all township district, and county officers,
not herein otherwise provided for, shall be
appointed or elected, as the case may be, iH
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 herein otherwise 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
council and house of representatives, and all
other officers
Now, if this section gives the governor
any right to remove and appoint county Of
fcers in the first or any other instance, we
fail to see it. 1t will be seen that the
first clause provides for the election, or ap-
pOintment, as the Governor and legislative
assembly may provide, for township, dis
trict and county officers" and that the
right to appoint is not alone placed in the
power of the Governor. Section pro-
vides that the legislative power and author
ity OF the Territory shall be vested in the
Governor and legislative assembly; that is
to say the Governor is given by this sec
ton what is called the veto power, and
Section qualities that veto power by pro-
viding that two-thirds of both branches of
the legislative assembly may pass an act
over his veto; so that the only action the
Governor can take in regard to " township,
district and county officers" is by the exer-
else OF his veto power on any act of the
legislative assembly providing for their
appointment or election as the case may be-
No power is conferred upon the Governor
to appoint these officers, and in fact they
are not known in the Organic Act until the
legislative assembly shall provide for
them. The second clause above quoted
provides that the Governor shall nominate
and by and with the advice and consent of
the legislative council appoint all officers
not herein othert0ise prorided for, and in
the first instance the Governor alone may
appoint all said officers" Now, it is clear
that " these said officers" does not mean
township, district and county officers, be-
cause they are therein otherwise prOUided
for" so that tie appointment of such Of
fcers by the Governor is an act of superer-
ogation.
1t has been rule that when a new Ter
ritory is formed from another Territory
unless there is something in the organic
act to the contrary-that the laws of the
former Territory remain in force in the
new one until the legislative assembly
forms new laws for its government. And
Governor Wallace himself admits this doc
trine; for it is by virtue of the laws of
Washington Territory, so far as that por-
ton Of Idaho which formerly constituted a
part of Washington is concerned, that that
township, district and county officers" to-
gether with rules to govern their action, ex-
ist in Idaho Territory. Now, if the Gov
ernor may turn out of Office such persons
as he finds holding Office by virtue of the
laws of Washington Territory he may
with equal right and justice repeal all the
laws he finds IA force in the Territory
The Organic Act gives him no power to re-
more officers or even to appoint township,
district and county officers and the laws
of Washington Territory give no execu-
tive such power. The officers under the
laws of Washington Territory are just as
legally the officers of such part of Idaho
as was taken from Washington as the laws
are legally such, and should remain in Of
flee until their successors are elected or
appointed, as the the Governor and leg
iSlatiDe assembly may provide;' and the
Governor has just such power to fill vacan-
cies as the laws of Washington Territory
may provide for filling vacancies by the
executive. If the ground is taken that all
the offices are vacant then all the laws are
nugatory and the Territory is without law
until the aw-making power convenes and
enacts laws for its government. The other
officers ''not herein otherwise provided
for" doubtless means Territorial Printer,
Treasurer, Auditor, and such other officers
as the Territorial laws may provide for.
Formerly, Washington Territory was
portion of Oregon, and when new Terri
torial government was formed for Wash
ington the laws of Oregon remained in
force and the officers elected under those
laws continued in office until the general
election provided for by our organic act
and this has been the uniform practice of
all the new Territories. Why Gov. Wal
lace should see fit to depart from this we'll