Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1862-04-19


At the san. -.->>i"n "f ihe legislative A.
ss-sabi,. ihr ART. ca'i ia coEsis. I,aI IlaI,cs
tIsr submission To- thu yot, Il TIM ,,.-y,l. act
vas "as-.-d. pn our arriy al ia the Tcuiiory.
With th,-sr two acts ga the sia;utr-lsok. with
ihrir apparent imp,r.rciions. Inconsistency
and npu-nancr. it wa> impossible 10 clo>r
our ewes To- the fat that ii mait.rs remained
n h-rrin stated. without further legislation.
the question 1T tn rrInoy al ii the seat at
government" f.r Washington Territory would
come brfor.. and have to b. passed upon. by
the Su Irc:ne Court. in som. way, and AT so'ne
place. Il ha- been .torced upon u. and We
have not shrunl irom he responsibility ri it,
decision, In our opinion, Dls mpia was J.r,.aa
fdc'e the seat of government. Here were the
Capitol buildings the archives of The govern
mcni, the library. aud here a.sa, before the
close of the firs, week in Dccelnbrr. lsGl.
were assembled an nnorcani-cd qwor1m.
waiting the action of the Supreme Court. of
the Council aud House of Representatives.
At Olympia the Court was opened in due
form, all the Judges being present. Upon
calling the case above stated, the plea to the
Jurisdiction is intcrposcd. TO dispose of that
plea in which were embarked the interests of
the parties on the docket. the entire merits of
the public question involved in the con,rover-
sv have been passed in review before the
Court, and occu pied more than three entire
DAYS in the discussion. This is the second
branch of the History of this case
A conflict of opinion between the Lr"isla-
tive and Judicial branches of the government
is always to be regretted. Both have scpar-
ate and distinct duties TO perform. The one
makes, the other expounds the law when
made An act may be passed and published
by legislatures, National, State and Tcrrit :
rial, with all the usual formalties and append
ages, and vet pronounced no law when put to
the judicial test. Such is the fate of all laws
considered by courts unconstitutional, on ac-
count Of their being ca post ./ifc'o impairing
the obligation o. contracts, or otherwise. l.,
therefore, ra0cimcafs. upon full cxanina-
tion by the Court, aided by the research and
argument of learned counsel. be found in the
opinion of the Court competent to try the
question to be either unconstitutional or want
ing in the requisite elements to give it viiali-
", force and power, that Court (humhlc MS
may be its prrtcntions) is bound to declare it
void, and of no binding effect as "rulc of
action" or cf "civil conduct"
1t is urged by the COUNSEL sustaining The
plea to the jurisdictions that this act is ono of
construction, and if from its provisions, and
other outward attractions and sanctitcs, the
intention of the Legislative Assembly of the
Territory be palpably manifest, then it must
be enforced. and the scat of power of this
Court is at Vancouver, and not at Olympia.
The counsel in opposition to the plea en-
tered, contcnded that it is not law, or in
other words that it is void per Sc, wanting all
the requisites 10 give it vitality as law.
While the title or preamble to an act are no
part of the act itself it is we'll settled rule of
law that resort may be had to both by Courts
in determining what was the intention If the
Legislature as attempted to be conveyed
through the ody,of the act. Here there is no
preamble. The purricm and title of this act
substantially agree. What aid then do we
derive from the title! Like "vauting ambi-
tion it has oerleaped ITSELF" and passed bc-
yond the barriers erected by the Organic Act
10 restrain within proper limits Legislative
action. The Organic Act, called with en-.
phasis the Constitution of the Territory, con-
fcrs only on the Legislative Assembly the
power to "change" the seat of government,
not to permanently locate" rs is declared in
both the title and body Of the act In the
latter the words are. "that from aud after the
passage Of this act the seat Of Government for
the Territory of Washington stall be and re-
main at the city Of Vancouver, in Cluke
county"
The time of the passage Of the act is no:
disputed. The date is admitted in the ar-u-
mcnt TO be the llth of December. 1850.
Wh-rc. then. after this date was the scat %.
government for Washington Territory ii this
act has th. force and validity Of law Man
if,-silv at the city of Vancouver. 1t iS n, the
seat Of government that the supreme Cous;
is required by the Organic Ac, Z" hold lis -;S-
sions. /, wss no: so done. The session of
the Supreme Court for 1860. n their record
shows. vas holden ai Olympia. business trans
acted and d-cn--s made. from ih- lih os
year.
This tact is no, introduced foT the purJ.os..
of casting anv reflections upon that l.irncd
and bon"rahle court. hut for ihc oi~, oi
showing that this az; was considered praciic-
allv. at least. by that tribunal of no binding
effect.
At the same session the nc; -regsesfiss"
the vote of the isopl- as tn ih-ir choicr as To
locating the .ss-sf Of government" was Isis-sl
by the Legislative Assembly. The qusliiiel
voters did hy vote expr-s 'hrir choice. inihr
way and manner pointed ou. bv ih-aci The
majority o( the vo,s-s cast. indicated and made
known n directed in srciion thr.-r WAS in "a
vor Of Olympia. New this &c, certainly
meant som-ihing. II i hardly To h.. pre-
sum-d that grave aud wise Legislators would.
under the forms and apparent salsc;ion "f law.
call upon their constituents to do an act the
result of which WAS Ia b. nm idle and un-
meaning csrrmasv. thus holding the prom
-. a.. .,- and br~,k,uy !, ,o a.. hon