Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1882-09-21
CONCERNING. snsPPgNG C0MNSs.
SDoSE0A.


CONCERNING SHIPPING C0NNls.
sgoSE9S.
In the case of the United States against
Allen Weir, ON information lodged BY
Special Agent Horr, at the recent tern
of the District Court at Port Town
send, Judge Greene decided AZ follows:
Comes now the United States AttOr
ney, and asks leave 10 file an informa-
ton against one Allen Weir. From ar
inspection Of the paper proposed to b
filed. it is seen to be alleged therein
that Mr.. A. w. Bash is Collector Of Gus
toms for the port Of Port Townsend
which is port Of entry Of the United
States and a port Of ocean navigation
aud that the defendant il neither col
lector nor deputy collector Of customs
but has been performing the duties OF
shipping commissioner and still claims
the right to perform them, by virtue Vi
an appointment of him by the collector
70 be the clerk or deputy Of the collector
IN the Iatter's capacity Of acting ship
ping commissioner. Wherefore the in.
formation prays that Mr.. Weir he ousted
from the Office he claims to hold and
exercise.
Mr.. Weir's authority 10 act in the
premises depends upon tao Questions:
First. Whether the collector has the
right to act as shipping commissioner.
Second. Whether, if the collector has
the right 10 to act, he has also the right
TO appoint clerk or deputy 70 assist
him, and act for him, in that behalf.
That there is, and can be, no regu-
larly appointed shipping commissioner
at Port Townsend is a matter OF which
this Court takes judicial notice. No way
to appoint one Is provided by statute.
The power to appoint il, by 1901 Of
the Revised Statutes, devOlved upon the
Circuit Courts of the United States.
For this Judicial District. and for some
purposes, this Court fills the place Of a
United States Circuit Court. But il is
not in fact such Court, nor has it all
the powers of such Court. II is SIM
ply q District Court of the Territory.
AZ District Court, it has, by force of
1911 Of the Revised Statutes, the same
jurisdiction, in all cases arising under
tho Constitution and laws of the United
States, M is vested in the Circuit Courts
Of the United States. Authority to take
c0gnizance of causes presented to it for
adjudication and to adiudicate those
causes, the same as Circuit Court, il
thus given. There the grant ends. The
power given 10 purely judicial. But the
Circuit Courts possess, in addition, pow
ers not judicial. Power of appointment
to Oifice IL not, in essence, judicial
M IL ,u 80 thsrco nd xsvSsc
trative powers Of government, which
ono would naturally classify ~ pertain
ing to the executive, but which may,
with greater or less prOpriety, according
rs public convenience and welfare may
dictate, be deposited with either the
Legislative, executive or judicial depart
ment. The particular power to appoint
shipping commissioners has been lodged
with the Circuit Courts, rather than
with the President or his subordinates,
because those courts being the highest
admiralty tribunals In their respective
circuits, are supposed to be peculiarly
conversant with the shippinR interests
and necessities Of tho various ports OF
entrv, and peculiarly accessible and
Trustworthy, repositories of the power.
But Congress has not seen fit TO grant
the power to the District Courts Of the
Territories. Consequently, In this Dis
trict, where there il no Circuit Court.
there cannot be any shipping commits
si0ner, appointed pursuant to : A5Jl.
but by section 1873, il is provided,
that In ANY port in which NO shipping
commissioner shall have been appoint
ed, the whole o. any part Of the bust
ness Of such officer shall be conducted