Page:Dakota Territory Reports.djvu/491

476 ballot-box the electors approve or condemn those who ask their suffrages; and however emphatic the condemnation, and upon whatever grounds, no action will lie therefor. Some officers, however, are not chosen by the people directly, but designated through some other mode of appointment. But the public have a right to be heard (by the appointing power) on the question of their selections; and they have the right, for such reasons as seem to their minds sufficient, to ask for their dismissal afterwards. They have also the right to complain of official conduct affecting themselves, and to petition for a redress of grievances. A principal purpose in perpetuating and guarding the right of petition is to insure to the public a right to be heard in these and the like cases. To illustrate: — in a case in New York, a party was prosecuted for a libel contained in a petition signed by him and a number of other citizens of his county, and presented to the appointing power, praying for the removal of the plaintiff from the office of district attorney of the county, which office, the petition charged, he was prostituting to private purposes. The case involved the right of petition; and the highest court of that State held that the communication was privileged, and could not support an action for libel, unless the plaintiff could show that the petition was malicious and groundless, and presented for the purpose of injuring his character.

A similar ruling was made by the Supreme Court of Pennsylvania, where a party was prosecuted for charges against a justice of the peace, contained in a deposition made to be presented to the governor of that State, who had the appointing power.

This rule protecting the right of petition, is subject, however, to this qualification, that the petition or remonstrance must be addressed to the body or officer having the power of appointment or removal, or the authority to give the redress or grant the relief which is sought; or at least that the petitioner should really and in good faith believe he is addressing himself to an authority possessing power in the premises.

But is the case before you, gentlemen of the jury, one claiming to be a petition to the appointing power, for the removal of the governor of this territory, or for his discontinuance as such? Has it been at all pretended that it is such a case?