The Seattle Republican. [volume] (Seattle, Wash.) 1???-1915, 1909-04-30
Volume XIV, Number 49.
H. R. CAYTON, Publisher
MALFEASANCE IN OFFICE

find enough to warrant the governor to call extra
session of the legislature that the committee may lay
before it it's findings In saying the committee
seems to be finding more than it had anticipated it
is said advisedly for after the legislature
passed the bill ordering investigation of the state
Offices majority of the members thereof openly
declared there was nothing in the charge and that
it was thesspite work of former Senator John L.
Wilson, who had had political differences with the
secretary of state and the insurance commissioner.
81 do not know whether not any one has broken
the law at the state house. but from what has been
turned up it does seem to me that things have been
conducted in a rather careless by the state
officials | voted against the investigation from
start to finish but must confess that things have
assumed an attitude that compes me to set up and
take notice" said member of the house of repre-
sentatives one day this week.
IF the committee should find sufficient evidence
to ask the legislature to begin impeachment proceed
ngs the question s far as the secretary of state
and the insurance commissioner concerned, which
one of them is impeachable? Thus far all the COM
mittee has found against the insurance commissioner
was done while he part OF the secretary of
states Office and Insurance Commissioner Schively
has sworn on the stand that whatever he did, he did
t. at the direction of his superior Secretary Nichols
and whatever moneys he collected he divided the
amount with Mr. Nichols Since then the nsur-
ance department has been made state office
and nothing Mr. Schively did under Mr.. Nichols makes
him subject to impeachment proceedings from the pres
ont office and unless he has in some way transgressed
the law he cannot officially be ousted On the other hand
Mr.. Nichols may be subject to impeachment proceed
mo for mafesance in office if sufficient evidence is n
earthed and that too, whether Mr. Nichols or his
insurance deputy Mr. Schively committed the offense
The law bearing on malfesance in office is follows
impeachment, for what offense. SEC 2 The
Governor and other state and judicial officers except
udoes and justices of courts not of record shall he a
or roalfeasance in office, but judgment in such cos
sbou extend only to removal from office and disoGf
cation to hold any Office of honor trust or profit in th
+o+o The party, whether convicted acquitted Cbou
nevertheless be liable to prosecution trial Judgment
and punishment according to law.
Malfeasance Evil doing, i'll conduct the doino of
h+ one ought mt to do; the commission of Soma t
'hch is positively unlawful; the doing of an act which
" holly wrongful and unlawful the doing of an oot
Which the person ought not to do at ALL the niust no.
fonooonca of some act which the party had no robt
vbch he had contracted not to do. 25 Cyc. 1861 u
1rnder the constitution then if Secretary Niho1 :.
;1+,, of malfeasance in office he may be innnooI1
ond # npeached the prosecuting attorney NAV v,ha
nontlv file an information against him and caus@ bi,,
~ - orrasted and tried for specific act Viii IL
nav nont out he committed while in Office AS has aI
a"d boen ssid there is way to reach Tna,1~" a.
cor,issoner Schvey under this act in the wav of
-oah,en+ proceedings the office he now bo1Ja 1.5
~ ;s+ Of the time the crime was supnoSod - w l
oo corm,tted If the other hand M Mid .laIe
should he mpeached subsequently tried and convotnd
in the courts for misconduct in office on the part of
his deputy then is barely possible that Mr. Scbivev
;1+ ho charged with collusion in Office b L
+hino though at the command of III;
office that he knew to be wrong But SO far as the
present office which he held is concerned he is abso-
utelv immune to impeachment proceedings unless f can
be proven that he has continued the practice as nsur
ance commissioner of that he practed as deputy nsur
ance commissioner to the secretary of state
To further add to Mr.. Schvey's troubles three in
dctments have been found against him by.theSpokane
grand jury arising out of his connection with the Live
Stock Assurance Association of Spokanethat went to
the wall and he accepting its presidency after had
done So He is held to the superorcourt of Spo-
kane county in $4,000 bonds which he%readiIy gave