The Idaho world. [volume] (Idaho City, Idaho Territory) 1864-1918, 1870-10-06
TERRITORIAL OFFICES.


The Supreme Court of Montana has recently
rendered decision in case of great import
ance, the main points in which are directly ap-
plicable to Idaho Territory, as a similar state
of affairs exists here. 1t appears that some
time last year Gov. Ashley appointed one Fisk
as Territorial Auditor, and a man named Frary
as Territorial Treasurer, the two positions be-
ing at that time held by Messrs. Rodgers and
Barkley, respectively, who refused to surren-
der their offices to the appointees of Ashley,
on the ground, if we are correctly informed,
that the Legislative Council had refused to con-
firm Ashley's appointments. A test case was
made on the Authorship, between Fisk and
Rodgers and the District Court, Judge War
rem presiding, held that Fisk, the appointee of
Ashley, was entitled to the office. An appeal
was taken to the Supreme Court and that tri-
bunal decided that neither one Of the gentle
men were entitled to the position, and as a
consequence the Office is vacant
The Organic Act of Montana is similar to
that of Idaho, which provides, in Sec Z, that
1.-The Governor shall nominate, and by and with
the advice and consent of the Legislative Coun-
Gil, appoint all officers not herein otherwise
provided for" This provision covers, and pro-
vides for filling, the two positions of Terrific
rial Treasurer and Controller in Idaho. If the
decision of the Supreme Court of Montana is
correct, and we are not prepared to say wheth-
er it is or not, then vacancy exists in the Of
fee of Territorial Controller of Idaho, or at
least the present incumbent is not entitled to
that position. Mr.. Cram occupies identically
the same position as does Mr.. Fisk in Mon
tana, who was appointed by the Governor with
out the 'advice" or consent" of the Legisla-
tive Council, the term of office being two years.
If the Montana decision should prove to be
sound and correct and no imputation of politi
cal bias or prejudice can be presumed to have
influenced the Judges rendering it, as the de-
cison was adverse not only to the present in
cumbents, but to the appointees of Ashley,
who are of the same political faith with the
Judges, being Radicals, then the fault lies in
the Organic Act, which provides in such
vague and defective manner the mode of filling
such Offices The Supreme Court of Montana
holds, in the case cited, that the appointment
of Territorial Treasurer and Auditor must be-
mutual action on the part of the Executive,
and Council, and that the authority vested in
the Governor does not empower him to appoint
persons who may hold the offices until con-
frmed by the Council; and further, that the
specific authority for such exercise of power
by the President is portion of the Constitu-
tion, but such authority to the Governor of
Montana is not embodied in the Organic Act." !"
We quote the above from the Ne0 Northwest,
as being the argument used by the Court. As
an amendment to the Organic Act of Idaho
might probably save US any dispute hereafter,
we think it would be advisable to have that
portion relating to Territorial officers defined
by Congress at any early day, if possible.