The Retired Colonel and the County Treasurer
A judge instructs a Grand Jury on whether a retired U.S. Army officer is legally permitted to hold the civilian office of King County Treasurer.
The story, cleaned up
A cleaned-up reading of the newspaper page: spelling and layout repaired, one story lifted off a crowded page. It follows the original closely but it is not a transcription. The original page is below; read it if a detail matters.
To the Grand Jury: You have referred to me a complaint sworn to by one John R. Allen, charging George D. Hill with holding the office of County Treasurer of King County, while at the same time holding the position of Captain on the retired list of the United States Army. In view of statutory provisions, my opinion is that as the accused is upon the retired list, he is a part of and connected with the Army, and is consequently a person belonging to the Army. Subdivision 4 of section 1860 of the Revised Statutes expressly forbids any person belonging to the Army to be elected to or hold any civil office or appointment in any Territory. Therefore, if the proofs before you shall disclose that George D. Hill is an officer on the retired list of the Army and is now holding in fact the office of County Treasurer of King County, you are instructed that his case falls within the purview of section 94 of our Criminal Code and is indictable thereunder.
“The office of Treasurer of King county is both a 'civil office' and a 'place of authority.' No one belonging to the army could be legally authorized to hold that office.”
This 1880 dispute over 'dual-hatting' and civilian oversight of military personnel reflects a long-standing American anxiety about the separation of powers. Today's debates about retired military officers serving in high-level civilian cabinet positions echo the same constitutional questions posed by Judge Greene in the early days of the Washington Territory.
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