Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1878-07-05

imagine that Legislature had some au-
thorlty from some source, and whatever
they did by that authority tn convene
this convention binds the delegates here,
that far aud no further. Whatever au.
,hority the Legislature had in this mat
ter must have come from The people and
from no other or higher source. This
leads us TO enquire what authority the
people have ever conferred upon the
Legislature upon this matter Of con.
vention. 1t will nnt be contepded that
the aci of the l. gi>iatue submitting 60
the people he question of prnpriety OF
calling ii convention. was passed under
any direct request Of the whole body OF
the people, Tor such submission. #
was probably at the instance If some
one or more OF the representations Of the
people aud that was all The instruction
the Legislature had. Hence their arr
of submission of that question, had on
force of law but was merely suggestion
OF the question to the peoT lie. The peo
pie responded by majority vote an.
svcring in substance ia this wise. "culI
a convention The response became
an authority and an instruction from
he people t. the Legislature to call Il
convention of delegates to frame n con.
stitution for the State of Washire,od
aud gave them no higher or orthcr au.
thor!ty IN the matter. and hence all the
Legislature could DO by authority Of the
people was to make said call. and make
1t eilectnal far the assembling Of con
vention of delegates for the purpose Of
framing y constitution This AUTHORITY
contemplated that the Leg stature should
dx the number of and anpn,tion the
delegates TO the different districts. rro
vide for their election by the penplp. for
he place and time Of their converting.
aud for the payment in- heir services
so as to secure their meeting at the p'ac,
aud time designated. Beyond that the
authority aud instruction of lie peopl.
to The Legislature did not extend and
all parts Of that act which relate to mat
tiers hey md that were wi,hon, authority.
either at the constitution Of the United
States, the organic act OF the Territory.
rny existing law of Congress. or the
Territory or the people ind hence has
no binding force upon tn members Of
this convention or upon the reople.
Those portions of the act. if the theory
| entertain of the power Of that Leois
laure be the true one which relate to
the mode OF suhmlttin. the cous itu,inn
10 The pcoplc when framed. TO whom, or
what portion Of the people it should be
submitted, and which relate to The dele.
gate from Idaho having seat in ,h;.
convention. and all restriction upon Lis
privileges he should have upon this
iloor, and even The appropriation fo, hi.
payment. were all snpcr Legislation and
done without authority Of any express
instruction from the people or from any
other power than tile good sense Of the
members of the Legislature which framed
the act, and sstheret,re these provision,
of the act could bind neither the re
pie nor their delegates where in conyen
ton assembled. At best then extra nro.
visions were only suggestive to the peo-
pie and to this body. aud to the people
ct these countieS If Idaho. To give
these Suggestions. the force touching
the people ut these counties Of Idaho
they must fir,t be adopted By the peo
Pile of those counties This they have
done. so FIR AS to choose IA delegate and
send him here to confer with the other
members of this convention in fnrmipr
constitution. The people who sent
this delegate knew as well us all others
should know that that Legislature had
no delegated uthority to require dele.
gate from Idaho. and that they had no
delegated authority over the members Of
this convention TO restrict them in tbei~
manner of receiving and treatin. hin,
when assembled with themselves in con
ventlon. All was mere suggestion on
the part Of that Legislature. But this
suggestion was fer some purpose as con
ceived in the minds Of The members OF
that Legislature, and We are left to con
lecture or determine what that purpose
was. To say that it was simply to have
the presence Of ii delegate from Idaho
to be witness OF the doin.s ofthis con
veniion, does mt seem at all probable
for other good witnesses uld have been
procured nearer the place OF meeting
aud probably more congenial fellows
aud at less expense than $500. Il cnuld
not have been the purpose TO have his
presence here tn advise with the mem
bers OF this convention as 10 the best
mode of framing constitution for the
State Of Washington with its presen,
boundaries. for had that been the pur.
pose they certainly would no, have sen,
TO these obscure counties of Idaho i,
| procure such an adviser. unless i, were
known to them that some distinguished
constitutional adviser resided there
whom they knew the people would
choose and send here. which was no, th,
fact. II mere advice upon constitatin,
making, had been their purpose, the,
4 WAut,J bapA IA, Il