The Idaho world. [volume] (Idaho City, Idaho Territory) 1864-1918, 1870-12-22
UsURPAT1oN OF AUTHORITY.

usURPAT1oN OF AUTHORITY. !.
A term Of the District Court was recently
held in Owyhee county. and about the time of
the adjournment for the term we find that an
order was entered of record which somewhat
surpasses anything we have ever seen ATTEMPT
ed by the Judiciary Of this Territory. Judge
Lewis, who has discovered how to make an
egg stand ON end,-in the way Of making an
office, which il a mere sinecure, turn out to be
profitable berth for o carpet-bag friend,-
made the following order, as we learn from the
| -drdidHche: IN haf ..4aaffs.s aft F-,kst....
1t is ordered by the Court that District Attorney
Huston be paid $500 out Of the Treasury Of Owyhee
county for mileage, attendance and services during
the recent term of the District Court here
This same Lewis, in his political decision rem.
dered short time since, ousting John c. Hen
ley, Esq, from the Office of District Attorney
of the Sd Judicial District, in fruitless search
for grounds whereOn to base his infamous par.
tisan decision dwelt of length upon the fact
that Congress, by the Organic Act, had pro-
yided an attorney for the Territory and that
Mr.. Huston, who filed that position, was the
proper person to prosecute "any and all viola
tions of the criminal code of Idaho" &c. A
short experience under the new dispeDsation
has satisfied them that the salary and fees pro-
yided by the General Government i'd iusufii-
cient and not commensurate with the amount
Of labor which Mr.. Huston would be required
to perform should Judge Lewis decision be
sustained, and accordingly our an,icus curiae
is favored with peremptory order on the
Treasury of Owyhee county for additional
compensation. Congress. in the amendment
to our Organic Act passed at the last session,
prohibited the Legislature from paying any ad-
dtional compensation to persons holding Office
under the Government, or from making any
allowance to them whatever in addition to the
compensation already provided by the General
Government The Legislature provided fees
for our District Attorneys, who are elected
by the people, and yet, after ousting the Dis
trict Attorney of the Owyhee District and
Notwithstanding the fact that Mr.. Huston is an
appointee of the Federal Government, this
learned aud eminent jurist authorizes Mr..
Huston to receive additional compensation
from Owyhee county, and not only authorizes
it, but orders it to be paid, noiens roieas. He
usurps the functions of Board of County
Comssoners, disregards and oyerrides all Ter.
ritorial law defining the duties of County
Treasurers, and, assuming to himself dictaturial
powers, orders that Federal officials shall be
paid. any amount he thinks proper, out of
money belonging to the people aus ai4aegf af
Congress has enacted that Federal officials
N Idaho shall not receive extra compensation
rom the people; Judge Lewis enacts that they
shall If he has the right to order extra com,
,ensation to be paid the Il. s. Attorney, he
las the same right to order that Judge Lewis
hall be paid any amount he pleases out Of the
Treasures of the different counties where he
'olds court "tor mileage, attendance and SER
'ices" during such terms of court 200
The Statesman. in commenting on the de.
ision of Judge Lewis upon tue District At
orneyship, gorified pvcr it as, Another Sue
ess.' and rejoiced in. the prospect Of tho
United States paying the expense of prosecut-
ng criminals, instead OF its being Territorial
r county charge. Thus fur, judging from the
,wyhes record, it has proven saccess. Tho ,
,gally elected ofIicersot The people are 'ousted
'ithout ceremony, and the emoldments Of ftheir
ffices, in the nature of fees, diverted into the
ockets of Federal officer, who receives q
llary as well as fees from the General Gov,
rnment
1t appears that the law creating. the Office, Of
district Attorney for each Judicial district isa
Utility so far as the office is concerned, as
e people are liable 10 OH such Offices with
emocrats; but that portion Of the Act allow.
g fees is good law. rs etmoney can be or.
,red paid to the u. s. Attorney Itisuse.
IS to have three District Attorneys among
hom to divide the fees. The Office Of u. S.
ttorney is not worth having without these
es, ergo, he shall have them.
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THE CENsUs.-The official census returns
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