Idaho semi-weekly world. (Idaho City, Boise County, Idaho Territory) 1867-1868, 1867-05-04
HAS IDAHO A GOVERNOR

Secretary Seward is high authority upon the
question propounded in the caption OF this ar
ticle, and we have authentic information from
a direct source which declares that he decides
that Idaho Territory is without Governor,
and has been in that condition actually ever
since the appointment Of Mr.. John NJ. Murphy
was made; that Secretary Hewlett is the act
ing Territorial Executive ad interim, and will
continue to be so until the Senate shall confirm
an appointee of the Presidents. This view is
sustained by the late decision of Judge Deadly
in the y. S Circuit Court of San Francisco in
the case of Bigler e. Avery. wherein it was
held that the right to the Office in question on
the part of Avery ceased the very moment the
nomination of Bigler was made by the Presi-
dent. And, if the telegraph reports correctly,
the same conclusion is held in the case of Mr..
Motley, late Minister to Austria. 1t must be
remembered that in the case of the Idaho Gu
bernatorial appointment, as in the cases of
Bigelow u.s. Avery, and Minister Motley, the
action of the President in relieving the past in
cumbent and making the new appointment Oc-
Cured before the Tenure of Office Act became
law, and, as the nomination or appointment
by the President had in all previous years back
to the first days Of the Government carried the
appointee into Office and maintained him there
until the Senate rejected him, so did the ap-
pointment OF Mr.. Murphy make him Governor
of Idaho Territory de facto, and, as a matter
of course the official term OF Gov. Ballard at
that time expired by the action of the Pres
ident. Gov. Ballard was turned out of office,
and, by the terms of the Tenure of Office Act
he becomes amenable to its very unjust and Sc
we're penalties by continuance in Office.
We deplore the unfortunate dilemma thus
brought upon the Territory, for, while we
would much prefer to have Democrat in the
Executive Office to any Radical, we greatly re-
greet the change from Ballard as Governor to
Hewlett as acting Governor. We do not like
Gov. Billiards. political principles, but he is an
honest man and faithful, liberal-minded pub
lie officer. On the contrary, Hewlett is nei-
ther honest nor faithful, and in spirit is one of
the most bigoted, low, debased old trieksters
we ever knew to be in any public position. He
is disgrace to the Territory, a foul blet On
society, perpetual stigma on the community
at large. If he has the handling of the public
moneys and does net prove greater rogue
than ellison, more costly vain knave than
Lyons we shall attribute it to his lack of OPP
portunity-notat all to hismoral Improvement,
or any honest intention, for that single Occa-
sion, through policy.
If Gov. Ballard is no longer in Office by yir-
tue of the Presidents appointment of Mr..
Murphy, Revenue Collector Geer is no longer
in Office by virtue of the appointment by the
President of Mr.. G. W. Thatcher, who was
not confirmed by the Senate. The principle is
the same in both cases, and citizens and tax
payers will bevery likely to surely ascertain the
real facts in the latter case before they pay
their Internal Revenue taxes to Geer, or any
holding under him. About his removal, there
can be no doubt, however, if Secretary Sew
ards view of the rd-Murphy Gubernato-
rial case be good in law. And if it be, God
grant that Governor shall be speedily sent to
relieve Hewlett from his nd interim honor. If
we must have rogue for an Executive, let |
liI be rogue of some character-or one who |
has at least one virtuous characteristic amidst
Ill his many infamous traits. Not such an one
s Hewlett.