, 1865-11-17

LETTER FROM GOVERNOR EVANS.
The State Rights Democrat having criticised
rather severely the Official action Of Governor
Evans in the matter Of the coates. for The sea,
in the COuneil-rbetwesu F. P. DugAn and An
derson CoI-the Governor has addressed tbs
editor Of thatPaper the following letter BY way
Of defence. AZ
OLYMPIA, WASHINGTON TERRlroRI,l
October24, 1865.
EDiroR STATE RIsHrs DEMocRGr: The article
headed "Disgraeeful Triekety," In your issue
Of l4th instant, does great injustice to me, aud
is at variance with fact 90 several important
particulars. As cannot believe you would
willing asperse my motives, except upon the
conviction that you were justified by,u facts de.
riTed from oihriai and authentic 'sources,i, I
have thought it proper 70 furnish Eiatement Of
such facts as they actually exist, asking only
that your readers who have seen the accusation
against me, may also have the opportunity to
be advised of my official action.
Frank P. DUgan, Esq, the defeated candidate
for Councilman in the District composed Of the
counties of Walla Walla, Stevens. and Yakima
is the author of the present apportiOnmeht Law
of the Territory of Washington, [see Journal
House OF Representatives, W. T., Session 1868
and 4, p. lO7, passed January IL, 1854, which,
among other things, provided as follows
"The county of Wala Walla shall be entitled
to elect one Councilman, TO be elected in 1854.
The counties of, Walla Walla and Spokane
and Stevens aud Ferguson shall be entitled to
elect one joint Councilman in 1866. ~.
=" The counties of Clarke, Klickitat and Ska.
mania shall be entitled to elect one joint Coun-
Gilman, TO be elected in 1864, whose term Of Of
fee will expire in 1865"
These constitute all the Council Districts, in
any manner affected by the counties U Walla
Walla or Skamana. Section 35 OF the same
Act provides that "All Acts or parts ci .,tts inz
consistent with this Act be and the same ara
hereby repealed. See Statutes, W. T., 4oe4-5,
page 4.
This is last apportionment law passed by the
Legislative Assembly, and the only one now in
force. By its terms it will be observed that the
county of Skamania is now. EN- braced in Dis
trict with the county of Walls~ Nalla for the
purpose of electing a Councilmen. Such is now
the law, and was the law which governed my
action as Secretary of the Territory in canvass
ing the votes polled at the last General Election
in this Territory. The absence Of the Governor
made it necessary for me to issue the procama-
tion declaring the result of such canvass.
Hon. W. q. Langford is the Councilman for
the county of Walla Walla elected in 1864.
Hon. David Stewart was elected iu 1868, under
the appOrtopment then in force. TApportion-
ment Act passed January 9th, 1862 see Stat
uteS W. T., Session lSGl-2, p. 81 Joint
Councilman for the District composed of Ska
mania, Kickitat, Wala Wala and Spokane
counties, and his successor by the Act first
quoted was to be elected in 1866, for the Dis
trict composed Of the counties Of Walla Walla,
Spokane, Stevens and Ferguson. Spokane and
Stevens were consolidated in 1864, and Fergu-
son changed to Yakima, though as yet it
remains unorganized. Mr.. Stewart served the
session of 1904, and then removed to Idaho
Territory. lie afterwards resignedi though not
sufficiently early to provide an election before
the session of 1868 To fll the vacancy for
the unexpired term of the Councilman for the
District composed Of the counties of Walla
Walla, Stevens and Yakima, expiring in 1855,
Messrs. Coz and Dugan were candidates at the
late election, and the sollowing was the result:
Waa Walla. Cox 1854. IF. P. Dugsn S5s
stevens ........-... 3D.:
Yakima ............ (Unorgauzed-no returns. E.
cannot conceive what figure the abolition Of
the county of Skamania by the Act of last win
ter, cuts in this matter. Nor do believe any
one can who reads the law constituting the
Council Districts.
1t is not true that in any manner ignored
the vote of the citizens who resided in the ter
ritory formerly constituting the county Of SKA
mania. ! have my views about the dismember-
ment of counties without their consent but
this has nothing to do with the matter. To the
Judiciary is committed the question of testing
the validity of that law. But | felt it my duty.
and | did canvass the vote for every officer,
which by law am directed to canvass and the
records Of the Executive and Secretary's Office
of this Territory bear me witness that | duly
certified according to law that in the counties
of Clarke, Skamania and Klickitat, the follow
ing vote was polled fol Joint Councilman
Clarke. Farnsworth 24S. .Dugan 6l... sOhns 1871
Skamania.. g.. 79.... 80
Khcktat.. 20 l
In regard to the vote for Skamania county,
| might add that the officer certifying to the
Secretary the abstract of votes, returned Mr.. Du-
gan as having been voted for as Joint Repre-
sentative" Satisfied that this was mere cleric
al mistake, by the paper itself, Igave Mr. Dugan,
the benefit Of the certificate of such votes receiV
ed, though clearly justified in rejecting all such
votes. For the returns evidence the fact that
those who voted for Dugan voted also for the
Joint Councilman running for the District as
defined by law; ana in addition thereto, were
voting for a Councilmnn for District which had
no existence under the law in force am clearly
of opinion that any canvasser might reject such
votes and ignore all such attempts TO claim more
than legal representatives. had also the right,
too, knowing the fact, to have regarded our law,
which expressly provides that Mr.. Dugan, not
being a resideat OF the District, was absolutely
ineligible.
might here rest for my justification but
partisan purposes, both recognized and ignored
the existence of said county Of Skamania. This
is untrue. steadily failed to travel outside the
apportionment law OF l564-a proof Of which IS
found in the fact that refused to give the certih-
cate of election 20 Ii. G. Struve, Union candi-
date from Clarke county, for Joint Represents
tive Of Skamania and klkltat, who received q
larger vote in Clarke county for that office, aEd
more votes than did ]. w. Brazee, who received
the certificate. Mr.. Strives claim was based
on the fact that as Skamania was annexed 70 and
merged in Clarke, tue latter county was entitled
to the Increased Representatives. refused TO
consent by my individual act TO disfrAnehlse the
voters residing in the old county, for, though the
Legislature had blolted out the county lIues, it
had failed to provide modification Of the aP-
portfonment law. | could have increased the
Union representation of Clarke by ignoring Ska
mania Partisan feelings might have invited it,
could not so act, and was not even tempted TO
shrk my duty.
1t is a source of satisfaction to me that my
certificate is not conclusive upon the question
Of the right of any gentleman to seat in the
Legislature. The Council is properly the judge
Of the qualifications Of its members.