The Idaho world. [volume] (Idaho City, Idaho Territory) 1864-1918, 1870-11-10
THE DISTRICT ATToRNEYsHIP.

and in referring to it Us "another success
SAYS that the tax payers have, by the decision
of Judge Lewis, "gained another victory owe
extravagant legislation enacted in the interes
of the Democratic party without regard t.
precedent, law or Justice" The editor of tn
Statesman ought to know it, if he don't, tina
the office of District Attorney was created By
Radical. Legislature, and Radicals are no
apt to create Offices for Democrats, or in tn
interest of the Democratic party.
While we are not disposed to question thu
motives which prompted Judge Lewis in rem
dering the decision referred to, we confess tina
we were greatly surprised, and, as matter o
law, cannot endorse the conclusions arrived
ut by his honor iG this decision.
The position assumed, that Territorial Courts
are United States District Courts, or are
United States Courts in any sense OF the term
it is probably unnecessary to combat at this
time, though it is point about which there is
no question in our mind. Article Sec. OF
the Constitution of the United States provides
that "the judicial power of the United States
shall be vested in one Supreme Court and in
such inferior courts as the Congress may from
time to time ordain and establish" also, that
the Judges of all such courts shall hold their
offices during COED behavior" and Sec, de-
fines the jurisdiction of all such courts The
Organic Act of Idaho, in providing the judi
cial power of the Territory, expressly declares
that the Judges "shall hold their offices during
the period of four years, and until their sue
cessors shall be appointed and qualified"
If Territorial Courts are United States
Courts, then Congress must have been guilty
Of piece of folly, and the members exhibited
their ignorance of the Constitution in attempt
ing to limit the tenure of office of the Judges.
This point has been decided once by Il full
bench in this Territory in case of Constance
VS.. some Cinnamon, which went to the Supreme
Court on demurrer nearly two years ago, and
Noggle, c. j., decided the same point in the
China tax case about year ago.
If the U. S. Attorney for this Territory,
whose duties are not defined by the Organic
Act, is appointed under and by virtue of the
Act of 1918, as quoted in the opinion referred
to, and his duties are defined by the Act of
1879, then we do not conceive how, by any
system of reasoning, he can, by judicial de-
cisiOn, be legislated into the office of District
Attorney, and exercise the duties of position
which are defined by an Act of the Territorial
Legislature, and not by any Act of Congress
So far as prosecuting in all cases of Offenses
against the laws of Congress, that would Ger.
tainly be his duty, but in all cases of offenses
against Territorial laws, Congress has not pro-
,vided that he should have anything to do there
IN, in any manner whatever, but, on the con-
trary, has empowered the people of the Terri
tories, who adopt their own criminal code to
create such offices as District Attorneys and
to provide the manner of filling them.
The argument Of Judge Lewis, that sit
would be incompetent for the Legislature to
create an officer to discharge any of the duties
OF Judge of the District COURT has no appli-
cation whatever, as the Organic Act provides II
that the Territory shall be divided into three e
judicial districts aPd the District Courts shall 4
be presided over by one of the Justices of the e
Supreme Court, who are appointed by the T.
President, as provided in the Act. G
If the intention Of Congress should govern, C
the best evidence of the understanding of that tt
body upon this question is the opinion of the S
Committee on Territories we know that an [
attempt was made during the last session of 81
Congress to 20 amend the Organic Act as to n
provide that the U. S. Attorney for the Terri. L
tory should be the public prosecutor in all cases
arising under the laws of the Territory and tt
that ne should receive an annual salary of fl
l'ooo' payable out of the Territorial treasury;
but the Committee of the Senate, or House, we
nave forgotten which, very properly concluded o.
hat they could not appropriate money which :"
,ney had not PVT into the Territorial treasury. "
The next move was to give him fees instead of a y
salary but that was defeated also, the Commit. .. ~
zee concluding to annur the County Attorney VI
'lll but to leave the District ATTORNEY Offices as IA
hey now stand. We say that this Was "a; the -,
of the Committee having the
nat1er IN charge, and that our neighbosr" ls coz.
liant ST the facts ed
Inc same Office, either as a District or ed
'ounty office, exists. we believe in everv Ter. tic
tory today. Washington Territory ahout P,
70 eldasst with the exception of New Mex;co bv
rs the District Attorney system in force and
10 Territory Of Colorado, which has gone Re