Amos T. Akerman to Hamilton Fish, 24 October 1870

October 24, 1870. Hon. Hamilton Fish, Secretary of State. Sir: In answer to yours of the 16th of September, transmitting a letter to you from the Governor of Montana, dated September 2d, 1870, in which the Governor reports a decision of the Supreme Court of that Territory, to the effect that he has no power to appoint a Territorial auditor and Treasurer during the recess of the Legislature, I have to say that in my opinion, the decision of the Territorial court is correct, if it merely signifies that the Governor cannot appoint those officers without the advice and consent of the Legislative Council—and therefore cannot nominate, except when the Council is in session. The papers transmitted by you, and the Act organizing the Territory show no difficulty in the way of assembling the Council, at any time, to act upon such nominations; and I respectfully suggest that the propriety of taking that course be considered by the Governor. In this opinion and suggestion I do not intend to assume for this Department any right to review the decisions of the Territorial Courts on such questions, concurring with Attorney General Black in the Opinion in Vol. IX of the Opinions of the Attorneys General, p. 292. I have the honor to be, your obd't serv't. A. T. Akerman, Attorney General.