Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1870-08-06
n. T. CATION vs.. A. J. CA

1.-THE following decision is Of interest
as defining the legal status Of the county
and district officers under the recent cleo.
tion.
This proceeding is instituted 10 ascertain
which Of the parties is entitled to the Office
Of Prosecuting Attorney Of the First Judi
cial District, new in possession Of the de-
PENDANT.
There is no dispute about the facts. 40
far as the election Of each is concerned.
A. j. Cain was elected Prosecuting AT.
torney on the LIST Monday of June, 1869.
and was duly qualified; N. T. Cation was
elected on the LIST Monday Of June, 1870.
and was duly qualified.
The statutes Of the Territory Of Wash.
iDgton, PIP. ITO and IL provide "thst IT
the general election in 1867, and cyerv
two years thereafter, there shall be elected
by the qualified voters Of the several Judi
cial Districts in this Territory, one Prose-
cutting Attorney. at-law," &C., "who shall
continue in Office for two years, and until
his successor is elected and qualified"
The election laws Of the Territory an
proved Jan. 3lst, 1867, laws of 1861 pp.
9 and !, provide for general election On
the LIST Monday Of June, 1867, md /" bi.
ennially thereafter on the 1st Monday Of
June, at which there shall be chosen all
such officers Or are BY law to be elected at
general elections in this Territory.
In the 4th Section Of this act, the term
Of the Prosecuting Attorney is fixed at two
year, as indeed the terms Of all officers are
except members Of the Council.
by virtue of his election in 1863, under
the Territorial law, A. j. Cain claims to
hold his office sptil the expiration of his
term, on July LIST, 1871.
In 1869, Congress passed two acts. both
approved March I'd, regarding elections in
this Territory. One, statutes at large p.
300, has reference TO the election Of mem
SeFs or the Legislative Assemblies in all
the Territories !; the other, on page 800, is
entitled " An act to regulate elections in
Washin stoD and Idaho Territories, is a.
follows:
That elections in tho Territories Of Wash
ington and Idaho for Delegate TO the House og
Representatives o. the FOrty-secUnd Congress,
shall be beh 81 the first Monday of June A.
D. 1870, and afterwards bicnniaIy, on the frsr
Monday Of Juns, and snch officers as are elect
Ell ut the same time with their delegates, shall
be elected for Offices thereafter TO be filled. at
the times herein specified. unless otherwise
provided by the laws Of said Territory"
Both acts have been cited as having n
bearing on this case. sansot see thas
the former has. BY virtue Of On election
under the latter, N. T. Cation claims the
right to the immediate possession ofthe
Office of Prosecuting Attorney. Neither
party seriously questions that the act sp-
proved March Sd, is in effect an amend
mcnt Of the Organic Act, or that, at all
events, it is decisive on the subject ESQ TAR
as it has any bearing on it), which, there
fore, depends on its proper construction.
1t has been contendcd, on behalf If Mr..
Cain, that the words unless otherwise
provided by the laws of said Territory"
should be construed with reference to the
laws of the Territory already existing, ant
that the election of Mr. Cation is therefore
nality, the election laws of the Territory. =
Of 1867. being already in force. Sue. IL
construction cannot be entertained for a
single moment, implying as i, does, that
Congress was ignorant Of the prior laws
governing the subject, on which it lcgis.
lated. Our organic Act provides. section
9th, that "all the laws passed by the
Legislative Assembly shall be submitted
to tho Congress Of the United States, and
if disapprovcd, shall be NULL and of no e.
feet" The presumption is, then, that the
election laws Of the Territory were sub
mittcd to Congress. But further, Gin
this country it has been said that laws are
presumed to be passed with dclberation,
and with full knowledge Of all existing
ones on the same ubject." Sedgwick on
Statutory and Constitutional Law, p. l27,
aud cases cited in note.
The words quoted, then, allude to sxb-
scqucat legislation. Congress, for reasons
satisfactory to itself, saw fit to change the
time of clccting the Delegate, and, to save
the expense to the people Of the Territory
of two elections, when one would answer
the purpose, changed the day Of the cleo
ton Of such officers as are now elected at
the same time with their Delegate, to the
the first Monday of June, 1870. Bot it
gave to the Legislative Assembly Of the
Territory, the power of otherwise pro-
viding" by law, power which it did not
exercise, and N T. Cation was duly elected
Prosecuting Attorney of the First Judicial
District, on the first Monday Of June,
1870, under the Act Of Congress referred
to.
It is contended on his behalf, that he is
entitled to the immediate possession of the
Office, because the Act of Congress Of
March Sd operates as q repeal of the Ter
ritorial statutes regarding elections, and
5th Mass, p. $50; 18th Mass. p. 545;
18th, Barbour, p. ls, and 2lst Pickering,
p. 1913, have been cited on this point
None of these authorities sustains the
broad position taken. The true rule is
laid down in Sedgwick on s. 4 c., law,
pages 127 and %, and authorities cited in
notes. "It is therefore but reasonable to
conclnda that the Lepislature In nassing o