Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1864-01-09
Proceedings of the Legislative Assembly
Eleventh Session,
REPORTED FOR THE STANDARD
House,.

REPORTED FOR THE STANDARD.
House.
WEDNESDAY. Jan. 6, 1864.
House met pursuant to adjournment.
Minutes read and approved.
The following bills were passed:
BY Mr.. Dugan-An act to amend nm act
entitled an act offering bounty for killing
wild animals.
An act to incorporate St. Johns Church of
Olympia.
An act 10 repeal an act entitled an act for
the preservation Of clans. oysters and other
shell fish.
Council Bill No. An act to incorporate
the Whatcom Coal Mining c..
Several bills, etc, were introduced.
Mr.. Dugan rose to question of privilege.
He had stated yesterday that Mr.. McGill.
while Acting Governor ct the Territory, had
exercised the same appointing power that was
now claimed by Secretary Evans III the APP
pointmrnt of McEIroy Printer. which was de-
MED by NJ. Nc Sill. ii. would now show
that Mr.. McGill had removed Mr.. Gallagher.
Mr.. McCill to save time would state that
he had never denied, and did not now deny.
having removed Mr.. Gallagher as Capitol
what he considered to b- good cause, but he
did deny having removed him from the office
of Territorial Printer.
Mr.. Dngan claimed that Mr.. McGill, MS
Acting Governor, had so exercised the ap-
pointing power over the Legislature, which he
mr. Dugan) thought no was perfectly right in
doing, but that Mr.. McGill was very incon-
sis,cnt in milking fuss now over the printing
because Secretary Evans had exercised the
same power. Mr. d. here reaa ...oin The
STANDARD Of Feb. I'd, 1861. the proclama-
ton Of Acting Govrr.," Mctiill appointing
James Lc,,'ge Public Printer, and from the
editorial of that paper claiming that Mr.. Gal
lngher had been given no opportunity to quail
fv, etc, TINT the Governor had no such right
of appointment, but that if h. had his success
sor also would have it, aud that its he
SrANDARp'>) turn would come by -and-by.
REP Mr.. ID. SAID that the Territorial law
itself gave the power Of appointment Of Print
when the Legislature was not in session.
That the Legislature was actually in session
at the time Mr.. Lodge was appointed, and
that Acting Governor McGill had taken the
election OF Printer out of their hands. instead
of giving the printing to Mr.. Furstr. who had
beer elected Printer by the Legislature at its
previous session under the Trrrito.i,l law, and
whose term had not expired. The removal Of
Mr.. Gallagher, rs Capitol Commissioner was
similar in principle. and had l.'rn sustained
by the Supreme Court Of the Territory.
Mr.. McGill said that he was CAD The gem
tleman (Mr. Dugan) had referred back I" the
record, as it would prove that he (McGilE)
had acted with perfect consistency in the
matter. He (McGilD had always claimed
that under the Organic Act, the Secretary had
the abstract right to appoint the public print
et but that it had never been exercised. At
the time Of Mr.. Lodges appointment. the
F., Legislature had failed to elect printer on
joint ballot, and h. (Alr. McGilD was salts
| fed, from conversations with members of the
Legislature, tina: there could be no elrc ion
of printer at that session. He found the
printing in the hands of Mr.. Lodge (who
had bought out the PiOneer establishment as
the assignee of Mr. Furste, and he Mr.. Nc
Gill Ind consulted what he considered the
will Of the Legislature by appointing Mr.
Lodge who was the legal representative Of
Mr. Furste. If Mr.. Gallagher had been
elected. he (Mr. McGilD woull have given
the printing to him and paid him for it.
Mr.. McGll repeated that he hid removed
Mr.. Gallagher as Capitol Commissioner. be-
cause he (Gallaghcr) had failed to comply
with the law. The record referred co by the
gentleman, had, as in some other cases,
proved too much.
Mr.. Dugan said in regard to proving too
much. that the STANDARD had accused him
of ignorance, or of tho assumption Of ignor-
ance in his auditors, in s ating that General
jackson had been fined $1,000 for suspend
ing the writ of habeus sOrp~s. without adj
vancing one word to controvcrt his assertion.
1t had merely went on and repeated the same
thing. He (Mr. Dugan) repeated the asser-
ton that Gen. Jackson was so fined. that h"
paid the fine and felt at tie time M0t (G n.
Jackson) had done vroxg.
TNorE.-I have examined the article in
question. and find that the STANDARD docs
repeat in its editorial the substance Of M.
Dugan's statement, with the addit onal fact
that some thirty years aft rwards Drmo-
cratic Congress refunded the 81, 900 to Gen.
Jackson, thus sustaining Gen. Jackson in his
suspension of the writ Of hadeas corpus
REP.
Mr.. McGill was not surprised TO see the
gentleman (Mr. Dugan) refer hack to the
musty records of the past-hc felt confident
that the gentleman. (Mr. Dugan) or those he
represented, began to regret their action in
taking its patronage out of the hands Of the
Legislature. lie (McGilD saw strong evil
dencc Of this in the attempt to find prcce-
dents in the old files Of the STANDARD or
Sccrrtary's Office (he supposed the lattcr) to
justify the sccrr'ary's present action.
House adjourned.