The daily intelligencer. [volume] (Seattle, Wash. Territory [i.e. Wash.]) 1876-1881, 1877-02-21
County aud City Official Press.
Wednesday. Feb'y FL, 1877
THE VALIDITY OF THE CITY
CHARTER.

oSen ny INC ione sS'S,s k'@ANt
Jad<b Lewis took it upon himself to
pronounce the act incorporating our
city null and void. The opinion is
bssed upon a strained Interpretation of
the wording Of section | $50 of the L.
3. Revised Si.tutes-a law having re-
ference 10 prirate business. corporations.
and having for its object. to deny to
ths Territorial Legislature any power
to create pirate monoEo}ies, or confer
upon individuals any special privileges
or immunities which would result in
injustice or robbery upon the people
- law, by the way, which is right and
proper. In 30 doing. he has not only
perverted the plain meaning. but also
the very language of the Sta.utes-us-
Inc the equivocsl word special" and
rigging the changes on that, instead
Of the simple word "prieate" of the
] Statute which rotten corner stone let's
the whole Aim.y fabric of his soplistry
fall 10 the ground.
Even the authority which he quotes
Dillon las well ss Angel aud Ames,
cad all recognized authorities on the
subject. draw o distinction between
public and private corporations Says
Angel, "a community clothed with ex-
tensive civil authority is sometimes
called political. sometimes a muaici-
pal, and sometimes q pub'ic corporation
It b generally called public when it has
Tor its object the government o: some
portion Of the State; and although IA
such case it involves some private inter-
eats, yet. rs it is endowed with portion
of political power. the term public has
. been deemed appropriate" Again:
J-igc Dillon, from whom he quotes so
mach. exl.sssly sAys: (sec. 10. p as).
THAT = mssisiPaa esrrss~tion is. in any
in6f4 view. . private corporation, or pos
sssses double character. the one pri
vste and the other public, is often as
serted; but is true. IL true at all. in o
very modified. if not inaccurate sense
In their nature and purposes. municipal
corporations. however numerous and
complex their powers and functions
ere essentially public" {.
As VIC have said, pirate corporations
alone are included in the prohibition of
the slatute--aoth,ng is said about pub
no serporations whatever. To make
the intention clearer. tie kinds meant
are enumerated in the restrictive Sec
tiou: viz: mining. manufacturing and
other industrial pursuits. railroads.
wagon roads. irrigation bitches. coloniz-
atloa. and improvement Of lands. COL
lcges, seminAries, churches, libraries.
and benevolent. charitable aud scisn-
ti6c associations" Only this, and moth
ms more. Supplemental TO this. is sec
tloa 1924. which extends the prohi-
bition. specifically. TO the incorporation
Of banks, borrowing money on the
public credit and putting into circula.
ton any form Of money.
The case in nutshell is. that the Ac.
Of the Legislature incorporating this
city was not pricate charter within
the purview OF the U. s. statute. and
hs0cc Il Is not invalida.ed by tina. stat
ate: and thst Lewis opinion touching
the validity of our city charter. (hased
upon what Judge Dillon. in his treatise
on municipal corporations. thinks
would BE- best Theoretically. while
commenting on the policy adopted in
s~s~s - the States Of providing gen.
ersi incorporation laws for towns and
citics therein. l'is certainly not founded
upon either good sense or law.
The Organic Act gives our Terrific
rial Legislature jurisdiction in the mat
tcr OF legislation required for The pub
Ito welfare, not ia conflict with the laws
and constitution Of the United States
and Judge Dillon. whom Lewis Quotes
Sos his purpose IA another particular
sAysin regard 'othis- long since the "pri
rate charter or special privileges" clause
was esacted-,has. in . territorial or.
ganic act. provision that the power Of
the Territorial. Legislature shall extend
10 all r'ghtful subjects of legislation. /
apeher'fcs the Legislature 10 create ag.
stespas corporations. and to inve>, them /
with the power TO make ordinances, and |
10 provide corporation courts in which
n enforce them and nowhere in hi.
whole work does he state 10 the eou,r.
". Beside such authority. We have
prcceasat. and also a recognition Of
the just right by Congress, 10 be found
IN the pahiic laws relating t. the res.
srv1aion from presumption of lands
within the limits Of incorporates, ,owns |
and cities within the Territories.
A0regations Of several thousand /