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

s;oners of the Soldiers' Home. District
Of Columbia"
The eject Of thess Statutes Of Janu-
AIRY and April. 1870. vas 10 relieve the
retired officers froo Gil MILITARY duty
whatever; for the reason. no doubt that
having been pgsADLED in the service OF
the nation and placed upon the pay
roll of the army. they are to be treated
% others who are in the receipt of q
pension. and tine pay they receive h in
the sh ape OF . pension.
But again. on the 15sh OF July. 1870.
under the provisions Of . general Law
Of Congress. Vol. Is. Page 319, Reviset,
Statutes. Section 1872. il is enacted:
"rhat IL shall not b lawful for any
officer Of the army on rHR ACTIVE LIST
10 bold any civil Office. whether by
election OF appointment. and any such
officer. accepting such Office. shall ct
once cesse to be On officer IN the
army"
Under the settled rules Of statutory
construction, this statute will be Con-
strued - if II further declared: "Pro-
vided. however. that officers ON the RE-
TIRED LIST NAY HOLD ANY CIVIL or.
FICE. WHETHER BIZ ELECTION OR AP-
PoINrNKNr."
The declaration thst officers on the
sctive list may NOT hold civil office.
without more, is equivalent to saying
that those on the RETIRED LIST MAY.
This Act Of July, 1870. is . general
law and applicable to all psrts of the
States and Territories, and in the con.
struction of the provision of Section d
of our Organic Act Of Msrch. 1853, We
must read in connection with eli the
Legislation on the subject sisce then.
aud il the Act Of 1870 10 in conflict with
the Act of 1853. that Act Is in % far re-
pesled.
Th,s Act of August. 1861. with its
amendments in 1870. 10 Q moft beneHs-
csnt one. designed to Fewsrd those Of.
6cers who have become disabled in the
service of the nation: il practically re-
tires them from the army. They con
be assigned to no duty in the army. II
they 60 to the Soldiers Home on duty.
they 60 not with their rank in the
army. but a. Governors. Deputy Gov.
errors or Secretaries. They ere sub
ject 10 the rules Of war TO the same ex-
tent - the inmates Of the SOLDIER
Home; in fact they are citizens. and the
design Of the Act of July, 1870. Was to
place them on IN equal footing with al
other citizens touching the right to
vote and bold Office.
Il 10 . general rule of statutory con-
struc'ion that laws for the maintenaDcs
Of religion aud the sdvancement Of
learning should recsiye most liberal
construction. Aud upon the same
principle We shOuld give to these stat
utes RETIRING OFFICERS on pay. Who
have been wounded and disabled in
the defence Of the government. law.
religion and humanity, such liberal
construction; and thereby piece them
on the same footing ~ others ~ho are
on the pension roll of the republic.
Such has been the uniform coustrus:-
tion given to these laws BY the Secre-
tary Of War. and of the Interior. The
construction is reasonable. and tends
to carry out the bene6oent purpose Of
the law. el
have no doubt Of your eligibility to
said Office. ]. r. LEWIS,
Attorney at>lsw.
SEATTLE. W. r.. June 22d, 1880.
Carr. GEO. d. Hill.
Sin: You ask my opinion whsth.
er you are eligible to and may hold: q
civil office in this Territory. You being
. retired officer OF the United States
Army. A
After careful consideration of the
question. IN Of the opinion that you
are. and that you may hold Office either
by election or appointment. The cues
ti0u depends upon the proper CON-
struction Of PsrsGraph 4. Of SEQ. 1850,
q. b Rev. Htstntss. which provides
that NO psrsen. belonging 70 the
army or navy shall be elected Or hold
any civil office or sppeiatnent in aay
Territory" So saa -
This provision 10 il our osiginsl, or
ganic cot Il has bssn the law in this
Territory since March, 1853. What
ever wa the ooxroct conzlruction Of
thia provision when b became Q Law 10
the Interpretation 20 b. given it NOW.
In l63v there wss no retired army Of.
hcer list; the Law providing for such .
list vas frst adopted in 1861. At that
time ell officers were on the active list
aud liable TO promotion. SEQ. 1885 Of
the q. >. Rev. Statstss provides; /" Of
6osrs rstired from sotivs sesvics shsll
DO withdrawn from aomnand, end from
the line II promotion" Saoh . per-
son does NOT bsl.ng h the army within
tbs neaaing OF Paragraph 4. SEQ. 1850,
sbovs cited. He 10 retired from is.
BY The cot of Coegress, approved
January -. 1870. II 10 provided .sThas
no retired of6osr Of the army shall
hereafter be ss.ixnsd 70 duty Of any
KIDD. or BE- entitled 20 receive more
than the pay aud allowance prov,d.d
BY lay Eur retired ofaoars Of his grsAs,
and oil such ssAigsmsnta. hsrstoiore
made, shall terminate within thirty
days FROM the passage Of this sck-
Under this ssotioa ths elScos rstired
10 NO longer sabjses 70 duty Of b psr.
from any cot spd eesuot b aid 10 be