The Meaning Of The Controller Bill:
By Dan A. Sutherland, Delegate to Congress
( Continued From Last Month )
The Territories of Colorado and
Nevada, both organized in 1861, at
their first legislative sessions elect
ed treasurers and auditors. in
Colorado, by the Governor’s nomi
nation and consent of the legisla
tive council. In Nevada, by the
Governor’s nomination and consent
of Senate.
In 1876 Colorado enacted the
following law for the election of
auditor and treasurer:
“That at the general election
of each biennial year there
after, there shall be elected in
such years the following Terri
torial officers: That is to say
one (1) Treasurer and one (1)
Auditor.” i
This Act never became effective
for the reason that Colorado was
proclaimed a state in 1876 and at
its first election a Governor, Lieu
tenant Governor, Secretary of State,
State Treasurer, Attorney General
and Superintendent of Public In
struction were elected by popular
vote of the people.
The Territory of Washington
organized in 1853, convened its
first legislative session on Febru
ary 27, 1854. At this session an
auditor, a treasurer and a public
printer were elected by joint bal
lot of both houses. The Governor
had no part in the selection of
these officials.
At the sixth legislative session
of the Territory of , Washington,
1858-9, the following memorial to
-Congress ?yas passed:
“To the Honorable the Sen
ate and House of Representa
tives of the United States in
Congress assembled.
“Your memorialists, the Le
gislative Assembly of the Ter
ritory of Washington, would
respectfully request that your
Honorable body would pass an
act authorising American ci
tizens over whom Territorial
governments are established,
to choose their own Governors
and Judges.”
This memorial, it will be noted,
is an appeal for the privilege of
electing Governors and Judges in all
Territories. The Washington Ter
ritorial Legislature appears to
have been quite persistent on this
subject by memorials and resolu
tions instructing their Delegate in
Congress to obtain the privilege of
electing Governors and Judges by
popular vote of the people.
The following resolution was
passed at the 1859-60 session of
the Washington Legislature:
“RESOLVED, by the legis
lature of Washington Terri
ritory, That our Delegate in
Congress be instructed to pro
cure the passage of a law auth
orizing the people of this Ter
ritory to elect their Governor
and Judges of the District and
Supreme Courts."
The first Legislature of the Ter
ritory of Montana in 1864, selected
their Territorial Treasurer, Auditor
and Superintendent of Public In
struction by joint ballot of both
Houses in manner identical with
the Territory of Washington.
The Territory of Nebraska, 1855*
Dakota, 1862; and Idaho, 1863,
each enacted laws at their first le
gislative session providing for the
election by the people of their ad
ministrative officers.
The Dakota Act of May 13, 1862.
provides; “That at the first an
nual election for the year A. D.
1862, and every second year there
after, there shall be elected by th»
qualified voters of the Territory,
one Territorial Treasurer and one
Territorial Auditor for the term
of two years.”
The Nebraska Act provided for
the election by the people of a li
brarian, an auditor, and a treasur
er, while the Idaho Act was for,
“first, One Territorial Treasurer,
Second, One Territorial Auditor,
who shall be ex-officio Librarian.
Third, One Territorial Superintend
ent of Public Instruction.”
It appears that many duties were
imposed upon the auditors of the
Territories until the office became
the most important of all Territor
ial offices. In some Territories he
was Superintendent of Schools, Li
brarian, etc., in addition to his
duties as general accountant for
the Territory.
The Territory of Idaho, in 1866,
changed the name of! the Auditor’s
office to that of “Controller.” In
Sec. 18, chap. 43, Session Laws of
1865-66:
“The Territorial Controller
shall be ex-officio Territorial
Librarian, and in * all laws and
parts of laws, wherein the
words ‘Territorial Auditor’ oc
cur, the same shall be con
strued to be and mean Terri
torial Controller.”
It is probable that the word
“Controller” in its application to
the office of Territorial adminis
trator originated ? in the Territory
of Idaho.
i utr um niu uiruuea in me Alas
ka Legislature provided for a re
organization of the administrative
branch of the Territorial Govern
ment and designated the proposed
organization as a Board of Control,
the chairman Of which would cor
respond to the auditor and is call
ed Controller. In thus designating
the auditor as Controller, the auth
or of the Alaska measure was simp
ly following the precedent estab
lished in Idaho. The powers con*
ferred on the Controller under this