Memoirs of Orange Jacobs

by Orange Jacobs

Thus, while I was a hard man to beat, I was always beaten, fairly, or unfairly.

I was appointed Associate Justice of the Supreme Court of Washington Territory in 1869. Less than a year afterwards, by unanimous recommendation of the members of the Territorial Legislature, I was appointed Chief Justice of that Court, and at the expiration of that term was re-appointed Chief Justice. During this last term I was nominated by the Republican party and elected Delegate to Congress. At the expiration of that term I was renominated and re-elected.

To make an account of my official career complete, I ought to state that I was a member of the Territorial Council (the equivalent of a State Senate) of Washington for one term; also Mayor of the City of Seattle for one term; and Regent of the Territorial University of Washington for ten years, and Treasurer of the Board of Regents all of that time.

As a member of the Territorial "Council" I was appointed chairman of the judiciary committee, and also chairman of the committee on education. The work on these committees was almost continuous. It absorbed all of my time for nearly every evening of the session.

The iniquitous gross earning tax law, as applied to railroads, was repealed at this session. The vote on its repeal in the "Council" was close—and if I were not a modest man—I would say, that I contributed largely to its repeal. I made the only elaborate argument in the "Council" against its unequal, unjust, inequitable and partial provisions, discriminating in favor of centralized wealth and organized power. It was a close and hard fight in the "Council" but repeal won.

The school system theretofore existing in the Territory, was radically remodeled at this session of the Legislature. The bill as presented to the committee was the work of a selected body of teachers. In a legislative sense it was crude and in some of its provisions, intensely radical. I, in fact, re-wrote the whole bill making its retained provisions full and accurate—omitting surplus statements, and embodying many new provisions. The bill thus remodeled passed the "Council" and the "House," and its essential provisions remain the law of the State today.

A few general observations may be allowable: Rare are the men who possess in a high degree, constructive legislative ability. Every act of legislation ought by clear and accurate provisions cover every element of the subject matter stated in the title. As the act approaches this it approaches perfection.

Any act of legislation laying the foundation of a system—such as the school system and providing for its administration is a difficult task. The human judgment is imperfect—and prescience is limited—hence any approach to perfection in the system itself, or in its administrative provisions, is a matter of evolution of slow growth—and of the survival of the fittest. As time advances and light and knowledge increase, the dead and useless branches are pruned off and the fit and vigorous remain to blossom and bear fruit.

The effective and beneficial work of Delegate to Congress is in the various departments of the Government, and in the various committees of both houses of Congress. In a new country, rapidly filling up with people, post-routes and post-offices must be provided. On the established lines there is a constant and pushing demand for an increase of service. When I was elected, the daily mail stopped at Tacoma, and Seattle had only a weekly mail. One of my first efforts was to increase this Seattle service to a daily mail. I had some difficulty in accomplishing this object, because the postal authorities claimed that the revenues of the Seattle office were not large enough to warrant such increased service. I got it increased, however, to a daily service. I had not so much difficulty in getting a daily service from Seattle to Victoria and way-ports. Everybody on Puget Sound knows that Port Discovery is about six miles west of Port Townsend. Port Discovery was a milling town visited largely by foreign vessels and many American ships, and a large volume of business was done there. There was a stage running daily, from Port Townsend to Port Discovery and back, and it had only a weekly service. I asked for a daily service, but it at first was refused, and I notified the people interested of the result. A Mr. Young, the manager of the Port Discovery Mills, stated to me in a letter that, inasmuch as the Government was very poor and the people of Port Discovery were rich, they, out of the abundance of their wealth, would pay the additional cost, if I would secure the assent of the Government to allow the contractor for the weekly service, to carry the mail daily. I showed this letter to the Postmaster-General, and he, after reading it, said: "Judge, I think the Government can stand the increased expense, and those people shall have a daily mail;" and he ordered it.

A Delegate, in order to wisely and intelligently, as well as promptly, discharge his duties, ought to be a lawyer, and well acquainted especially with the land-laws of the United States and other laws pertaining to Territories. He is constantly called upon to push land-claims to patent, and in this respect he becomes the attorney, without fee, of the people of the Territory. There is a large volume of such business, and he must examine the papers in order to understand the status of the case and to advance it for patent. Representatives from the older States have but very little of such business to demand their attention, and to consume their time.