The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1889-01-09
WASHINGTON NEWS
Important Decisions by the
Attorney General.
.ocrDExT At SPOKANE FALLS.
r,es csysure ~ wana wsila Law
0aicsrs-Iaesnaa and Pert
Townsend Eofes-


at 10 O'Clock this morning. Justice
Mash was quite unwen and was ex-
cusei frog1 the bench. The journal
q YESTERDAY was rad aud approved.
The court then announced itseif ready
70 hear any business that might be
presented
In the case % Meeker -. Gafesiii.
No. Dg2, the court granted leave 70
counsel. X. s. Greene, 70 tile argument
OF errors, without prejudice.
In the case Of G0Tes ". Tower, 10
zoe. leave was granted counsel 20 lie
reply brief ~ Monday next
Tbs case u the corporation Of tafh-
Ollie Bfshops OF Neequaliy ". J0hs
Gibbon and the United States, No 0.tt.
was assigned for January ~.
Marion T. EgbeFt 0f WsllA NA><
was appointed United States com
missioner.
United states Attorney w. II White
presented his accounts, which were
on motion OF y. T. eaton. Messrs.
T. A. Wiekbam, Mark 4. Fullerton
and ]. 4. Edmis;oa we're admitted 20
In the case Il the y Pr. z. Co. ".
ID. O'Brien. leave vas granted Hn1l
MONDAY next 10 Gle reply brief
No. SIS. scott & Ninson ". Patier-
son, was then taken up and Is noW
being argued.
As IAroETkzT BEcIzEoS-
A fes days ago Territorial Secretary
n. n. owing, received a letter from
q K. uarr. the present seeuting
=.
which he requests 70 know when his
term expired and when that o. ms
Successor begun. referring in his let
ter 10 an apparent conflict which &c
cufrcd between two acts passed By the
legislature Of 1856, one stating that
the terms OF prosecuting attorneys
shall expire on the second MONDAY N
Jauuafy, am t,le other that all coun-
ty, district AMI precinct officers shall
hold Office until the first Monday Of
March
This letter was referred by Secretary
OwinFs TO AttOrney-General Metcalt.
who has rendered the following de-
cisiou.
In reply 20 the communication of
Hon. &. r. Dofr, prosecuting attorney
for Columbia county. bearing date OF
December %. isss, with the indOFse-
meut Of your Office thereon, bearing
date Of December -, 1855, and re-
ferFed 10 this Office. j haye TO say |
am OF the opinion that Mr.. DORIS
term of Office Is governed by the gen
craI tenure Of Office act. entitled, An
act 10 prescribe the tenure of office Of
Washington Territory" approved
February 4, 1886, and that his term of
Office began on the FIRST Monday Of
March. Iss7. and ends on the first
Monday in March, lss9. The apparent
conflict between this act and the act
entitled, AN act relative 20 prescott
ing attorneys, defining their duties
and fixing their compensation, ap-
proved February 1. lss5, is, in my
opinion, reconciled when the act re
Iating to prosecuting attorneys, APP
proved November y. 1ss2, is read in
conjunction with said aforementioned
acts.
Under the act of lss3 the counties OF
Columbia. Garfield, and Asotin COM
posed a sub-siisirict, and by that act
were entitled to a prosecuting attor-
ney. and the term OF Office OF this Off
Ger and OF other prosecuting officers
elected In 1884. was alone effected by
the prosecuting attorneys act Of lss6,
and not those 90 be elected after it.
passage.
The second act herein before men
toned relative 10 prosecuting attor-
news. created new districts and pro-
vided that prosecuting officers should
be elected In those new districts.
Columbia county was then made a
sui,-district and entitled 20 elect q
prosecuting officer. and the term Of
Office Of this officer. in my opinion. is
fixed by the provisions Of the general
tenure oi Office act.
assume that Mr.. noTr Vas elected
at the general election held in NoYeTn-
ter 1855. to til the position Of prose
cutting attorney IN the sub district
viz Columbia county Section - Of
the act provided that The pr0sseut
ing attorney heretofore elected and Dow
exercising the duties 81 the Office Of
prosecuting attorney l. g., those elected
Ia lssii should hold their Office uftil
the second Monday 90 January 1881
and until their SUCCESSORS we're elected
and qualified. making no change IN
the term Of Office from that provided
for In the las 81 ~. The see0nd SCI
giun OF the tenure of ufhee act cited, Is
a. fellows All district. county and
precinct officers hereafter 81 be elected
IN tins Territory in pursuance 81 law
shall hold their offices for the term OF
two years from and after the iirst Mon
day OF March next succeeding their
election. aud until their successors are
elected and qualified. Mr.. Dorr elec-
tion did not take place until nine
months after the passage OF the act,
and my conclusion Is that bis term OF
Office j. controlled thereby. The for
mcr act relative 10 prosecuting attor
neys had reference tn, and fixed the
term Of Office oi the incumbent Of said
ssffisss al that time %