Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1882-10-17

publish it a. ones OWE but actually
change the location Of il, that u, 10 Say
il occurred In Victoria instead Of in
Toeo0to, Chazisseun, 6asraososo q
soms othsr plaos whore it really did
occur, and where the article bad IT. on.
gin. That our sstssusd contemporary,
the Cosonist, should b guilty of this
fraud i mortifytn9 - a, IL not b the
gsntlsmsn eoonsossd With the Coiosist
ITSELF.
aALlCIoCS 8cDBLs DgR9STE0.
Capsais ailrs Ds.A PesSsesly valiA.
opaDsss u Abse lawyesA
Fearing that the rumoe set adoat BY .
number Of irresponsible. Ignorant and
Designing nsn to The s1eee that in case
Captain HIM i rs-sisstsd TO the Office hs
nov 70 houosably Alls, that his official
bond win b invalid, and Of no binding
foroe, soms Of the Captains friends
have taken tho pains 10 have the matter
looked up. and below vii b found an
opinion exploding that false impression.
signed By . large number Of able law
ysrs Of both political parties
0PTxy0N:
The question Submitted y: Should
George b. Hill b again elected Treas
urer Of King county can an action be
maintained upon his of6oial bond?
The Supreme Cou4t0f Washington Ter
rit0ry has decided that Mr.. Hill cannot
lawfully hold such Office while hs re-
mains An ofBcer upon the retired list of
this deciYion and the judgment therein
the Supeems Court Of the United States.
there can be no dnal judgment Of
custer.
Whether or not Mr.. Hill lawfully
holds the 0fYice Of Treasurer, he il never
theless q do faotO officer. B1gs
In tho very able opinion rendered in
State Va Carroll, So Conn. l49 q Am.
Rep. 400, tho Court say: IAN officer
do fsctO Is one whose sotD, though not
nrinoiplea OF poiioy and iustioe. win
hold valid % Tar a. thew involve the in
tsrssts OF the public and third persons,
where the duties of the Office were exon
cisod;
Without known appointment
or election. but under such circumstances
of reputation or scouiescence a. were
calculated 70 induce peopls. without in
ouiry. To submit 70 or invoke his action.
supposing him TO be the officer he as
sumed 70 be.
Ssc0nd.-Under color Of a known
and valid anoointmant ar eleotion. Int
whom the oflicsr had failed 70 conform
TO some precedent. requirement or oon-
dition. "A 70 take an oath. aiye a bond
or the like.
Third.-JJnder oOlor Of a known elec-
ton or appointment. void. bocause the
o41ioer NJ NOT oli0ibie. or beoause there
vas 4 vant of pover in the eIeotino or
appointino bodv. or by reason of come
defect or irreoularity in its exercise"
efc.
This pripoiule bas been held n b eor-
rect IA neariv all. n NOT IN tn 800 Of
the Onion. Section Of Johns N. ~
Ll0. How. Pr. 3S, 3 Mas. y3i. j Paige
~. 8 Wepd. 23l, 81 Ne. 423, 1 Nevada
1873. 10 Mich. $50, Is Pa. st. AS. - Pa.
st. Ia. 4S Miss, l5l. 81 Ohio st. SlO. II
Wia. Ea1 and I6 Peter'a q. &. Supreuo
Court III.
In the latter case CLERKS OF Probate
were. by the Constitution. made elective
hy Tie ne0pla. The Leuisla1ure author
ized. n case Of disability 81 the Cisrk.
the Cont Of Probate 10 apooint one. 4
clerk apuointed under this prOvision vas
held 20 b a do facto officer. and ali Of
his official acts valid. although Che All
Of Aaeemhlv vas unoonetitnEcnaI.
In Rex =. Bsdford. 8 Esst' S56. Lord
Ellenbor0uch lCiyinu thu opinion az thA
court says: IAN officer de facto ia one
vho haa the reputation of beinu Abe ,,f.
ficer he assumes 90 be, and vet is not 4
GOOD officer In point of law
should the Supreme Court Of the Uni.
ted Ntates hold that Nj. Hill illeraliv
aud wronQful:y exsroisss the duties Of
the Office Of County Treasurer. All of hid
ofiicial acts viii b. valid. and The tar.
PAYERS Who have paid him money or
otherwise trusted 10 hin Oeaoesl capacity
will b. pgueeoted.
The Official bond given bya county
officer in n voluntary bond. Il recites
the official position held by the ofiiesr.
and IN an action for \ hruach az ia aon.
ditions the sureties arc eeeopped frOm
DENYING IL reoital. '.lhe anrsSiea in A
sdminis tration bond are cstopped by ~
recital TO deny that their princiual had
been duly appointed 10 The of]ice of al.
ministraSoe.WC Cutler v. Djekinson 8.
Pick. 3S6. So in the caao Of ne bond al
deputies to tho Sheriff. q tho bond 70
cites that tho parties siGuing ueee dep.