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Show EXECUTIVE STUBB0BNNIS3. j It is reliably averted that his ex- ccllcncy, Governor Emery refuses tOj ieiuo cotumie&ions to justices of the; peace and constables appointed by' tho respective county courts Nu reason is aligned for this refusal, and upon what cxcueo the governor falls back to justify his conduct dots not appear. Owing to thia failure of the executive to perform bis duly two or three precincts in this county are without justices; and wo understand such ia also tho cn&e in some of Urn precincts of other counlke. The issuing of commissions to those officers is not discretionary with his excellency. excel-lency. It is his-duty to perform the act, and a refusal ia a failure tu comply with the law. The organic act of tho territory esya "That ull " township, district and count) otucers, not uemu umerwioe piu-" piu-" vided for, shall be appoiuttd or " elected, aa the case may bo, in such " manner aa shall be provided by the "governor and legislative aasombly." Now, the governor and legislative assembly have provided first, thatj justices of the peace shall be elected by the people, and tho fulltnving1 section of the compiled laws provides j for filling vacancies: I (30) Sue. H When a vacancy occurs in territorial e'cct'vo t'llicos", tho governor shall order b. spei-ial clwli"ii to iiil such vacancy; and hou(d a vacancy occur , im a cou-ti or precinct office, necessary to be ft led previous to the general election, elec-tion, the county court shall Jilt such vacancy by appointment. Section 13, of the act defiuing the duties of county courts, makes it obligatory upon those bodies to till vacanciea in county an 3 precinct ofliceB and the act in relation to justices of the peace provides that "said justices 'halt b: commissioned by the ooeernor." In view of the explicit provisions ol the statutes on the subject tho reluaal of Governor Emery to issue the necessary commissions is an un-1 warranted assumption of poser, and a gross injusttco to the parties iu terested. We believe his excellency could be compelled to perform hisduty in this matter, by mandamus, and suggest that an eflort bo made to force him to comply with law. |
