Owyhee semi-weekly tidal wave. [volume] (Silver City, Owyhee County, Idaho Territory) 1868-1869, 1869-04-27
ss-OriginaI matter On every page

y
ia. Idaho World, whose editor sees the
Law roW IN different light from the one
that SHINE round the judgeship year ago,
.hen Judge CUmmiDs Was removed, finds
thai the Organic Act 81 the Territory pre-
vents the removal Of Judges Until they have
served The full term Of four years from the
time 81 their appointment. Whether this be
80 OF not We are not lawyer enough to decide,
nor 10 VIC care particularly. II Is true that
Judge Bowers Is an importation into the Ter
ritory 10 position that could have been as
well filed from material already in the cOun-
try-men WhO have come here to make tina
Territory their homes without official siimu-
lanis. Nevertheless he Is now here and has
become assimulated with the people and
moreover comes from a mining State, where
he has had opportunities TO post himself in
mining law, and 50 far AS W. know suits the
people as Judge.
should he succeed 10 holding his Office I'M
III 1872 perhaps IL would he a. well; at any
rate we know Of no portion Of the communi-
" that would feel particularly outraged but
when we see the precedents Of Johnson
administration it is hardly to be supposed
that he can hold his position. Judge Cum
min' went 10 Washington after his removal
In The full belief that he was entitled TO hold
four years unless sooner removed 10y i'm
peaclment; bu. on his arrival at Washing
ton appears to have given up without a strug
gle; and it is reasonable 10 suppose that the
removals in the present case are placed on
the same grounds as that Of cummins, and
that the new appontees will hold.
In Judge Miller's case, he being an old
resident Of the Territory, and with Cummias
and Kelly OF the few apIoinlees that have
ever been selected from among the bona tide
residents. there is probably less reason for
removal than in that OF Bowers; but under
the old Democratic rule Of ''to tho vlcIors
belong the spells " he too viii in all human
probability have to give way TO some i'm
portaiion from abroad.
OF the Juagcship, the Organic Act Of Tins
Territory says They shall hold their Offices
during the period Of four years and until
their SUCCESSORS shall be appointed and
qualified" In all other cases Of appoint
menis for this Territory except Judges the
SINE Act adds unless sooner removed by
.sthe President This Act would seem 10
guarantee the tenure four years from the
date of appointment, and IL was upon this
clause that Cummins based his claim for con
tiuuance; but there must be some suose-
auent act that conflicts with Il 20 change the
rule. OF Judge Miller could not have taken
the place Of Cnmmins. We have examined
the Tenure-of once Act but fail TO discover
any conflict with the four year view. We
therefore presume the removals to be on
other grounds At any rate, the lessons Of
the past, Il they are worth anything, go tC
teach US that the removals viii stick, ant
the lessons of the present tell plainly thai
the Territory is to be differed by strangers
Il the rule is Il good one, our next Delegate
y, Congress should come from Alaska, Min
naso,a. Maine or Florida, and our Legisainr
from Oregon. Washington aud Montana