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


when thss prefrn-nc. Is expressed. under the
ieT;iss ns ss=, ); il entitled io F->:.-ct fron,
eaar's a. well a. legislators. Thes. acts are
pan a'saseria. They 60 hand in hand. They
nls~t stand or fall together. Both cannot
justly survive. Obey the one and violence is
d"ne 70 ,he will cf the people; oL,y the 9TH
,-r aud violence Is done the legislative will
In doUbtful is>u-. therefore. of the kind
which this Legislation presents. a majority Of
this Cont is in favor of giving the people the
b..n.ft If Mat Gonl,,. instead Of giving il TO
their agents and servants. To act otherwise
would h.. To render this and al other courts
und,s,r, iu- ofrlir e!oqurn, eulogy pronounced
upon thrn bv the learned counsellor from
Vancouver. as being the shield and ark of
sai,iy in the la>, resort, of those from whom
all power cninaics.
We ar told in the argument Of the advo-
Gates Of thi, fist or removal act" that We
mus; moi lay profane hands on this Legisla-
tive idol. and then, almost in the same breath,
we are solrnnly called upon not only to DIS
regard this second act, known as the vote
of the people act" but to blot it from the
s,atute.book. and treat it as a species of Leg
islative qualification. The only way these
acts can be rcconciled, is to give to the LEG
islative Assembly" in the passage Of them an
honest intent. BY the first act, the seat of
government WAS to be removed, unless res
trained by the popular will. This will, as ex-
pressed in the manner directed, was adverse
to removal. Hence we derive from this sec.
ond act, and the result flowing from it, the
fair, strong. and Legitimate inference, that the
seat of government was to remain at Olympia,
and that such was the force and effect intend
ed should be given to it by the Legislature,
at the time of its passage. Any other hy-
pothesis would involve us in an ntricacy and
Inconsistency from which there is no escape"
Mr.. Justice Blackstone defines municipal
law TO be, "a rule of civil conduct prescribed
by the supreme power in State, command
ing what is right, ond prohibiting what is
wrong" Chancellor Kent, eminent as a jur-
list, one of the highest legal luminarics Of the
nation, or the world, OH page 493 of his com.
mcntarics, defines statute to be, "the ex-
press will of the Legislature rendered authen-
tic BY certain prescribed FORMS"
l.. \. Gushing, Esq, in his treatise on the
Law aud Practice of Legislative Assemblies
expressly states, that tho constitutions of all
the States in the Union, with the exception
of Pennsylvania. Delaware, Maryland, Vir-
ginia, North Carolina, South Carolina, Gcor-
gia. Louisiana, Kentucky and Arkansas, con-
tain Il statement, under the name Of the enact
inc stvlc. of the words with which every act
of legislation in those States, respectively,
must be introduced, sometimes with and
sometimes without, the use of negative words
or equivalent language. The constitutions of
the States above named, and of the United
States, contain no statement Of an enacting
clause. Mough cguaiy requisite to tie raiidity
ofa lar, must depend mainly on custom.
The foregoing considerations. says this au-
thor seem to call for three remarks: l..
Where enacting words are prescribed nothing
can be law which is not introduced by these
very words, even though others which are
equivalent are at the same time used. IL.
Wher. the cnacting words are not prescribed
BY Il constitutional provision, the cnacting au-
Aoy;fy must Notwithstanding bc stated and
any words which do this to common under
standing are doubtless sufficient. or the words
may be prescribed by rule. Cushing's Law
Prac. of Leg. ASS $40 $50. Strip this oct
of it's outside appenlnges, leave it SOLITARY
and alone" is it possible for any human being
to tell bv what authority the seat of govern
ment Of Washington Territory was to be re-
moved from Olympia to Vancouver!
The staring fact. that the constitutions of SO
many of the States. made and perfected by
the wisdom Of their greatest lega! lights con-
tain Il s.aicmen; Of an enac;;ng clause la which
the power .f the enaciing authority is incor.
roraicd. is to nv mind. strong and power
iu. argument of its necessity. Ii is fortified
and strengthened by the further fact ,ha,
CONGRESS. and the other States, 10 say no;h-
ing Of the English Parliament. have by al
mos, unl,ruk.n custom and usage prsfaced all
their laws with. same set forIn "f words. IN
which j. contained the esarf,.,g or,horsfy.
Guided nv the authority Of such ciainent jur-
ISIS a. Blackstone. Kent and Gushing. and
the prceedenis of Naiansi and State Legisla-
ton. lthc practice and rules in making laws being
called parliamentary IN this day.l this Court
arrives with satisfaction and consciousness at
right in declaring ,llaf where an act like the
on~ how under Consideration is wanting IN the
..s>r,;ial form s;iies and sol.mni,ie~ which
have bsl rien'i,l.s-l il Is imperative and void.
and cf ~ binding force effect. unless II had
l,.a acqu;.-s-..,i in hv Coa-fs. juries. Isgi>la-
tors and people. and rights vested and ac-
quir.sl under it tc surh an extent. that II
would b. mrnii'.Si injustice tn disturb IT, To
decide o-h-ru iS,. would be io mar the symm.'-
Try oi the frame work Of legislative enact
rn.n's n rule oi AETNA and &" exiin.nisl
tn. - ,lad~orn. lights al jnrswudene'."
Saw not that ia this artinn "f the Court it
has been governed bv a blind adherence tn
lnu,,y ,r,ced,ni' or glued with toc much
,caacitv To- ,ho-. things which havr stamped
upon them the rust "f aIs'-. lh"-e matters
The vote r. published stands whoie number
of vote. cas, .si. olvmPi, 80. Nanc'sVcr 49,
~teilAcooTa 80. Por, TogasrRi -. ala Wsila