OCR Text |
Show Notaries; Pnu.tr.- t,iuV. Woods iu claiiuinf? tlmt the appointment of notaries publie lor this Territory is a prerogative of the executive, quotes iu support of his position only iho latter half of section 7 of ihe Organic act. The lirst part of this seelion provides pro-vides that all township, di-trict and county oilieers, not otherwise provided for iu the Organic act shall be appoint ed or elected aa the governor and Ter- j ritorial legislature may determine, j The issue in dispute, as we understand ! it, turns upon the technicality as (o whether a notary is a eonnty or Terri-. Terri-. torial ofheer, although we think that the general power of legislation ranted rant-ed under section G of the Organic act, to the legislature, qualities and controls con-trols the incongruous provisions of see-! , tiou T. The legislature alone has tho power to create the office of notary i publie, and the right to create an office of-fice clearly includes tho right (o pre-; pre-; scribo tho manner of filling it. The legislature may abolish the office of notary, or innke it a towuship, county or linnet office, and provide- lor tho election of notaries by a township, ! county or district vote, The fact that in most of tho States notaries arc aD-; aD-; pointed by the executive, is no argu-1 argu-1 uient agaiust the tight of the legisla- ture to elect .them. It u a mere circumstance cir-cumstance of no more legal olTect than I tho habit of all of the sheep in a flock to jump a ditch at exactly the samo .place whore the bell wether goes , over. |