The daily intelligencer. [volume] (Seattle, Wash. Territory [i.e. Wash.]) 1876-1881, 1880-09-07
LAW OFFICE OF j r. LEWIS.
Seattle. w. r.. Sept 4. 1880. {

LAW OFFICE OF R LEWIS.
Seattle. w. r.. Sept 4. 1880.
GEO. d HILL. ESQ.,.
Treasurer Vt King County:
You ask my opinion us to your right
to hold the office OF Treasurer of King
County.
The facts touching tie question are rs
follows
You are a citizen of the United States
and of this Territory; have been elect.
ed to aud have held the office for some
years.
You served in the army a. volunteer
during the late rebellion. lost sn arm
while in active service. and was on the
3lst day If December. 1870. placed on
the list of retired army officers under
the provisions of the Act of 1851.
You are legal voter within the Ter
ritory. and rs such ere eligible to said
Office. unless prohibited by some law Of
tae United States.
The establishment of the army con.
tanned in the resolve OF Congress of Oc-
tober 3. 1887. was recognized by Act OF
| Sept 90. 1889, aud consisted of comwis.
stoned and non commissioned Officers
| and p,ivates IN ACTIVE service, 1nd the
army then. aud until the Act Of Au.
gust. 1851, fully came within the de6ui.
tion OF Webster. to wit: "A body of men
armed for war"
While this Act Of 1889 was ia full
force. and the whole army was in active
service. the Territory Of Washington
was by Act Of March. 1853, organised
and among the provisions of the stat.
ute passed by Congress for the organi.
cation OF the Territory. it was declared
That no peIs,n belongingSto the army
| Of the United States shall ever be elect
cd to or hold ANY CIVIL Office in the
Territory Organic Act, So.
This provision Is common to all the
Territories aud in the Revised Statutes
Is ro,ed IS section 1860.
| So the law remained until after the
late rebellion commenced, and August
50. 1861. Congress passed "a Act for
The batter organization Of tie military
establishment.' and among the provf.
sions Of this Act. Ssutiou Is. il il de-
clared that commissioned officers who
shall become DIsABLID in the service
shall be plsosd upon the RETIRED list,
withdrawn from ACTIVE SERVICE. PROM
COMMAND, and from the LINE OF Pho.
NOTION; and BY Act Of July IA. 1862,
. liberal pension was granted TO officers
and men, disabied in the service, and to
their widows aud children in case Of
death. Il Was manifest that these stat.
utss were enacted to encourage enlist
ment 10 the army.
The RETIRED LIST was unknown To
our Law until 1861. and was created by
the provisions Of tast Act. and >uch al.
g ers we're liable 10 te assigned 10 such
duties o. thu Presideat dr.,sed them
carable Of performing.
The army then consisted of officers
on the ACTIVE LIST, officers on the n n.
TIRED List, and PaIvArEs, and in the
absence Of further l-gislation 8 Re-
riRxD oFrtcHR would be within the
prohib,tion OF section Q Of tie Organic
Act
But to further and fully define the
position and rights Of the membsrs ~
| 1870
That no retired officer shall b =. :.
agnsd to duty Of any kind" United
states Statutes. Volume l6. And an
thu 9th day Of April. 1870, il vss fur.
eher enActed that this Act Of January
u, 1870. should not apply to oflcers
! sxLscfxD ~ the BOARD Of Coamis-