, 1880-08-30

Special Charge to che Grand
Jury.
TERRITORY OF WASHINGTON,
81 Judicial District.

! 81 Judicial District.
In the District Court holding Terms at
Seattle
In sh.. matter of 81 Cempl,,nt under oath
! '.o j hn Damon against George D. Hill
Special Instructions to Grand Jury
GENTLEMEN =. YOU have referred to me II
complaint sworn tn bv one John FL ,non.
charging one Gr"rg, D. Hill with h"lding
fh office of C"n,'y Treasurer If King
county. while at the same time holding
the position ot Captain on the retired
| lis, ~ the Unitrd States Army. This
complaint came to YOU in an unauthnr-
| iZed manner. 10 | gather. 1t does not
app-n: ;" have been presented to yon hy
t., rr'.p-r pr scouting officer pursuant
to IL. Stature, and II would seem that
vuu. recognizing that it was ,rr-g,llarIv
hs,tnr,- v.u, have very corr. city brought
it IN - nii.
! CONSIDERING the gravity of the aecusa-
| ii - u,"d in III complaint. and the cons
F. c-rr t. public h"ve in a can.lid invesfi
! cation tn r-nt. I deem it my duty to urge
YOU t" inquire nt ~" matters alleged
and if , criminal offence shall appear
10 ,"u to have been committed to bring
in an Indictment accer,linglv
II George D Hill now holds the place
ar "tair" ut Captain on the retired lis: If
kr United S.ates Army. he is a '',mrson
b l"ngine te thr Army" w'rhin th. in
tint If the 4th subdivision Of section
1860. "f the Revised Statutes nt the
United States. To belong tn. is to I've n
part. or 10 We .'nnntc'e.l with The
q,~s,inn is whether George D. Hill is y
part o.. or connected with. the arm,.-
This is TO he determined " c"nsinering
ratI'er what now Exists tending tn mike
him a part a. !h- army or to connect him
Herewith. than what of that tendency
| does not exist
A prsnn upon the retired list is not
wholly retired from the army. (R-vised
Statues. $ ctinrs 1245 -52-53.) Bv seq
| tms 1884 and 1e56 of the Revised Stat
| utcs, q s.ntinnrs to hold rank and % he
horne on :hr Army REGISTER. and he suh
| icci ~ the lu'rs and articles Of war ,nd
tn trial Iv general court martial tor any
! breach Of the rules 'h-reof Bv section
1859. hris further subject to be ''nssiyned
to duty ut the Snlaitr's Home upon u
$. s.lrctien bv the Commissioners ut that
Institution. approved bv the Secretary
of War" In view at these statutarv
provisions, my opinion is. that If the ac
| cuse,l is upon the retired list. lie is u
part and connected with the army. anG
is consequently "person belonging to
the army"
Subdivision 4 OF section 1860 "f the
Revised Statutes expressly f"rlids any
person b-loneing to the army" to b'.
elected to or hold "sny civil office Or ap-
peintment in any Territory" The office
of Treasurer OF King county is a civil
Office" in Territory within subdivision
4 of section 1860.
Section "a of our Te rritorial Criminal
Code makes indictabls every person whe
shall "officiate in any place of authority, y
within the Territory. who is not illegally
authorized" A "civil office is place
of authority" Though probably not eve
~ "place OF authority" would be .
"civil office" The Office Of Treasurer o.
King county is both " civil office" and
"place of authority" No enc " be-
longing to the army" could be legally
authorized" to hold that office of Coun.
ty Treasurer. The reason why he could
not is because Of the expr ess prohibition
contained in the section 1860. If, there
fore, the proofs before ysu shall disclose
that George D. Hill is an officer on tn
retired list of the army. and 10 row hold
ing in fact the Office Of County Treasurer
of King County, you are instructed tha
his case falls within the purview Of sec
tion 81 Of our Criminal Code and is in
dictable hereunder.
It does not appear to me, that the com
plant you have handed me contains an,