| Show WHO IS GOVERNOR QUITE a discussion has arisenia ari arl senis as to the ri night right lit of governor emery to act in his office until the new appointee arrives and assumes the funn functions of governor it is claimed disclaimed by some tha that under section 1769 of tho revised statutes of the bilsted united states emery is out liere js is the section if the president is author authorized z ed to nil fill all vacancies which may happen during the recess of the senate by reason of death or resignation orax or expiration pi ration of term of office by granting commissions which shall expire at the end of their next session thereafter and if no appointment by sandwith and with the advice and consent of the senate is made to an office so vacant or temporarily filled during sueh such next session of the senate the office shall shan remain in abeyance without any salary fees or emoluments attached thereto until it is filled by appointment thereto by and with the advice and consent of the senate and during such time all the powers pov ers and duties belon belonging to such office shall be exercised by such other officer as may by law exercise such uch powers and duties in case of a vacancy to such office careful reading orthis of this quotation atlon will show that it does not apply in any manner whatever to the present case this is not a vacancy at all the senate is in session the office is not in abeyance A new incumbent has been appointed and confirmed but he has not yet qualified J asee tsee ec elon flon 1811 of the revised statutes provides that i the executive power of each territory shall be vested lna lua in a governor who shall hold his office for four years yearb and until his successors idels appointed and qualified unless s sooner removed by the president 21 governor emery has not b been eenra removed and the organic act of territory provides that the governor an and 1 secretary shall before they act het as such respectively take tako an oath or affirmation before the district judge or some justice of the tho peace in the limits of t the territory 11 we do not see how anything can be clearer than that governor em cry holds his office until his successor arrives and qualifies in the limits of the territory wo hope lie he will ill lil not suiter suffer himself to be blutt bluffed or bulldozed out of his rights |
