The daily intelligencer. [volume] (Seattle, Wash. Territory [i.e. Wash.]) 1876-1881, 1880-09-14

TIRED LIST, and PRIvArEa. and in ths
absence OF further Legislation Q RE.
TIRED oYrfcER would be within thx
prohibition of lection Of tie Orssnis
/ Act
| Bat to further aud fully define The
/ position and rights Of the members oil
the srmy. 1t vas enacted January 81
1870.
That no retired officer shall be a.
sigsed to duty Of any kind" United
States Statutes. Volume l6 And oo
the 9Th day Of April. 1870. it Was fur.
eher enacted that this Act Of January
"a. iS70. should not apply 10 officers
sxLEcrED BY the "Besrd o: Co~mis-
sioners Of the Soldiers Home. District
OF Columbia"
The eject Of these Statutes Of Janu-
ary and April. 1870. IVES to relisvs the
retired officers froo ail MILITARY duty
whatever: for ths reason. no doubt. that
having been DIsABLxD in the service Of
the patton and placed upon The pay
roll OF the army. they sre to be trsstcd
~ others who are In the receipt Of q
pension, and the pay they receive is in
the shape OF . pension.
Bat again. on the 18th Of July. 1870.
undsr the psoviaions OF general Law
Of Congress. Vol. 16. Page 3l9. Revised
Statutes. Section 1929. it is enacted:
THAT il shall not BE- n wfsl for any
officer ofths ssay IN THs ACTIVE List
to hold any civil offios. whether by
election or appointment. and any such
officer. accepting such Office. shall ct
ouce cease to be an ofiicrr in the
army"
Under the settled rules II statutory
constraoiioo. this statute will be Gnu.
strued as il II further declared: PRO.
viasa. hOssver. thst officers On the m.
IIRHD LIST NAY HOLD AsY CIVIL OF.
RES. WHETHER BY RLECTIoN on AP-
PoINTMENr."
TIE declaration that officers ON the
Actise list may NOT bold = civil office.
without more. 10 equivsisat 70 saying
thai those on the kErIRRD LIST NAY.
This Act Of July. 1870. is . general
law and applicable to al parts Ut the
States aud Territories, and in the con.
straction Of the provision Of Section 6
OF our Organic Act of March. 1883. ws
must read in connection with all the
legislation on the subject sisos then,
and If the Act OF 1870 il in c,nfiict vi b
the Act of 1853. that Act is in % far re-
pealed.
This Act Of August. 1891, with its
amsndsnsnts In 1870. 10 mott beneiis-
can't one. designed to reward those of.
hcers who have become diaa blsd in the
service Of the nation; it practically re-
tires them from the army. They can
be assigned to no duty in tho army. If
they 60 to the Soldiers II tins on duty,
they go not with thri raI.k IN the
army. but as Governors. Deputy Gov.
ernoIs or Secretaries. They are sub.
ject to the rules Of war to the same ex-
tent a. tho inmates of the SOLDIER
Home: in fact they ara citizens. and the
design Of the Act Of July. 1870. Was to
place them on IN equal footing with all
other citizens touching the right to
vote and bold oftice.
IL 10 . general rule at statutory con-
struction that laws for the maintenance
of religion aud the advancement of
learning should receive . most liberal
construction. Aud uton the. same
principle We should give to these stat
utes RKTIRINo OFFICERS on pay. who
have been wounded aud disabled in
the defence of ths government. law.
religion and humanity. such liberal
construction; aud thereby place them
on the same footing - others rho are
on the psnsion roll OF tbs rspublic.
Such hes beeo the uniform coustrus:-
tion given 10 those laws BY the Secre>
tary Of War. and Of the Interior. The
construction 10 reasonable. aud tsnds
to carry out the benedcen purpose of
the law. S5S
I have no Doubt Of your eligibility 10
eaid Office. J. h LswIs,
Z Attorney at.lsv.
SEATTLE. w. T.. June 22d, 1880.