applicable to all Territories be
came at once effective and in
full force in Alaska except as
provided otherwise by express
language or by necessary impli
cation.
Section 1857 and 1852, United
States Revised Statutes (secs.
1458-1459, Title 48 U. S. Code)
read as follows:
“Sec. 1857. All township, dis
trict, and county officers, except
justices of the peace and gener
al officers of the militia, shall be
appointed or elected in such
manner as may be provided by
the governor and legislative as
sembly of each Territory; and all
other officers not herein provid
ed for, the governor shall nomi
nate, and by and with the advice
and consent of the legislative
council of each Territory, shall
appoint; but, in the first in
stance, where a new Territory is
hereafter created by Congress,
the governor alone may appoint
all the officers referred to in this
and the proceeding section and
assign them to their respective
townships, districts, and coun
ties; and the officers so appoint
ed shall hold their offices until
the end of the first session of the
legislative assembly.
“Sec. 1858. In any of the Ter
ritories, whenever a vacancy
happens from resignation or
death, during the recess of the
legislative council, in any office
which, under the organic act of
any Territory, is to be filled by
appointment of the governor,
by and with the advice and con
sent of the council, the governor
shall fill shch vacancy by grant
ing a commission, which shall
expire at the end of the next ses
sion of the legislative council.”
Much light on this subject is
found in the well-considered
case of Clayton v. Utah Territory
(132 U. S. 632), which involved
the question of the validity of
two enactments of the Territori
al Legislature of Utah, one of
which provided for the appoint
ment of certain officers by joint
vote of the Legislative Assembly
of Utah Territory, and a later
one providing for the election of
such officers. The organic act
creating the Territory of Utah
was prior to the date of the Unit
ed States Revised Statutes. It
contained provision substantially
the sade as afterwards embodied
section 1857, Revised Statutes.
The court noted the division of
power in respect to the appoint
ment of local officers, such as
county, district, and township
officers, the appointment of
which was properly the subject
for legislation by the Territorial
assembly on the one hand and
the other class of officers, not lo
cal, subject to appointment by
the governor, by and with the
advice and consent of the legis
lative council or senate. It was
observed that this scheme of
limited local self-government for
the Territory was one to which
Congress attached much import
ance, as shown by the fact that
it was subsequently adopted in
the organic acts establishing va
rious Territories, “and it is re
produced as applicable to all of
the territories by section 1857 of
the Revised Statutes.”
To be Continued
4* 4*4* 414* 4*
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