AGO 1949-51 No. 195.

• Case Date: January 16, 1950
• Court: Washington

Washington Attorney General Opinions 1950. AGO 1949-51 No. 195. January 16, 1950[Orig. Op. Page 1]PRIVATECOMMISSIONS IN THE NATIONAL GUARD.The Secretary of State may attest a commission in the National Guard if he is satisfied of the authenticity of the Governor's signature, even though he has reason to believe that the document is not legally issued.Honorable Earl Coe Secretary of State Legislative Building Olympia, WashingtonCite as: AGO 1949-51 No. 195Dear Sir: Receipt is acknowledged of your letter of January 5, 1950, to which you have attached a letter of transmittal accompanying seventy-two commissions in the National Guard of the State of Washington. These commissions, when first received, bore the signature of the Governor and that of Lilburn H. Stevens as Adjutant General. Your letter concludes: "In view of the fact that Judge Charles Wright of the Thurston County Superior Court has issued a memorandum opinion sustaining the action of Ensley M. Llewellyn to the effect that he was illegally removed from the office of Adjutant General -doubt exists in my mind as to the propriety of affixing the Seal and my signature on these instruments. "Your opinion is respectfully requested." Subsequent to transmittal of your letter to this office it was returned and the signature of Ensley M. Llewellyn has been affixed to each of the commissions except that for the promotion of Lilburn H. Stevens. Also, a decree has been formally entered in the Superior Court for Thurston County enjoining the Governor from interfering with the occupancy of the office of Adjutant General by Ensley M. Llewellyn and stating that the latter is entitled to immediate possession of the office. [Orig. Op. Page 2] It is our conclusion that the commissions may be properly attested by you. ANALYSIS Section 2, Article X, of the state constitution provides in part: "* * * Officers of the militia shall be elected or appointed in such manner as the legislature shall from time to time direct, and shall be commissioned by the governor. * * *" The State Military Code, chapter 130, Laws of 1943, in section 19 [Rem. 1943 Supp. 8603-19] provides in part: "Officers to be commissioned by the Governor. All commissioned and warrant officers of the Organized Militia of Washington shall be appointed and commissioned or warranted by the Governor only as hereinafter provided. * *...