, 1875-06-17
Ruget Sound 9ispateh,

EMytA o~NW1@M ~F"N*"s
THE CLERKsHIp AGAIN.-The
false and malicious character of
the newspaper attacks upon
Chief Justice Lewis in connec-
ton with the appointment of
Clerk and Deputies in this Judi
cial District. were so manifest to
every intelligent reader who
knew anything of the circum-
stances. that we did not deem a
further discussion of the subject
as at all necessary to the vindi-
cation of the objects of these
assaults. But upon information
that persons in other sections Of
the Territory not acquainted
with the facts in the case. con-
strue our silence into an admis-
sion of the truth of the mali
clos statements. we will briefly
present, once for all, the real
facts. When Judge Lewis en-
tered upon his Office here, the
law had but just been changed
SO that one principal Clerk could
be appointed for the District,
where three Clerks had pre-
viously been allowed. The new
laws provided, in section 55S Of
United States Revised Statutes:
"One or more Deputies Of a
Clerk of any District Court may
be appointed by the Court, on
the application of the Clerk. and
may be removed at the pleasure
of the Judges authorized to
make the appointment
In accordance with this law
Judge Lewis appointed James
Seavy, of Port Townsend. Clerk.
and Beriah Brown, of Seattle,
and Julius Dickens, of Stella
COON, Deputies. for the Courts
held at those several places re
spectively.
Now the MtelUgencer says:
In so doing he entirely ignored
the right Of Mr.. Seavy, who is
Clerk Of the 3D. Judicial District
to appoint his own deputies; and
still worse, disregardcd the act
of Congress which provides that
each Of our Judges shall desig
nate and appoint but one Clerk
in his Judicial District - and
which act in no manner author
izes him to appoint Deputies, or
Clerks for sub-District. We
should have further added that
the Judge was forced to take
this extra ra-Judicial step to carry
out his programme for the rea-
son that Mr.. Seavy refused to
stultity himself by making such
appointment as we We're most
credibly informed"
The right of the Judge to
make the appointments Of Dep
uties, is clearly expressed in the
section above quoted which was
before the editor of the MtelH-
qencer at the time he made this
statement; so he knew he was
falsifying the record. The other
statement that Mr. Seavy re-
fused his consent to the appoint
ment of Il Deputy for this Court,
is a pure fabrication, as the fol
lowing Court record will show:
Pokr TOWNSEND. W. T.
May 11th 1875
To Hon. JOSEPH r. LEWIS,
Judge of Third Judicial District, W. T.
Sir: l herewith make application for
the appointment of Deputy Clerk of
the District Court of the Sd Judicial
District. holding terms at Seattle.
Very Respectfully Yours.
JAMES SEAVY.
Clerk Sd Dist. Court, Wash. Ter.
The Mtelligencer further says,
of the section of the Revised
Statutes above quoted: "NOw,
in the absence of any eXplana-
ton, it would seem as though
the section just quoted were
quite conclusive, and that Lewis
was authorized by law to do
what he did-providing Seavy
applied to have Brown appointed,
which latter we have good au-
thority for saying was not done;
but when the fact is ascertained,
(Which can be by reference to
the U. S. Revised Statutes) that
section 56Trefers solely to the
appointment of Deputy Clerks
by United States District Judges