Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1883-12-06
c,vx COu>CIL WITH ADDITIONS.

anpointment Of two gentlemen 70 I'll
those positions until the next regular
aIectiou u an act 80 far - the latter
nortion of il is concerned, 50 erIou~ IN
its nature and consequences that II de
mands the dispaSslOnate consideration
of eyery citizen of this municipality.
The writer Of this has no objection TO
the persons appointed, but deem- their
anpaintment null and void. lhey may
be' and probably are. eniln1ntIy ntted
s., the nosition Of CoancIlInen. But II
il the asserted right OF metnoers "f the
Jooslature living east of the noun
IN ar west. so far as that IS cou
narned and outside Of this city, To elect
oy annojnt the City Council tor Z il city
,hat we object to. If the Legislature
can annoint two. il could by the amend
,nant al the charter appoint tlem all
80 ,bns the idea of local self govern
uent would be forever gone. IL must
ha remembered that this municipality
il a government in ,tself. 1t mas All the
,,aypers of a poyernIHent-s1e Ju
t,,c;ai and LEGISLATIVE. There have oeeu
a,temuts made heretofore Oy Tie i-"Sl5-
tatnres of some of the states 10 inter
fare with the election or appointment
b.. tha ,nnnicipaIIty 81 officers III the eX
.cn,jve and judicial dep trtnentS uf
sncb municipality; but this IL bereved
To bs the first attempt of any IegIsla
tnre to appoint meinberi sf IA city COun-
oil Its novelty challenges our adIatra-
tlon. We read III our bpyho1d about
the fullness of the Legislative power Of
Parliament, but tue plenary onnlpo
tence of Parliament stopped short OF
the fuliness and grandeur of this assert
ed power.
- 4 Il. 8
the State of Michigan provided. by an
amendment to the charter of the city of
Detroit, for Board of Public Works.
The act defined the duties, fixed the
number of the Board and their term of
Office. TIE number Of the Board WAS
four. and the term of Office was ihed at
eight years. One was To 90 ont III two
Years, one in four, and 80 on. AZ
soon as term expired there was To
be an election by the City Council. The
validity of this act was tested IN the
courts. and at the October term of the
Supreme Court Of that State the act.
after fail discussion, Was unanimously
declared invalid. We give below that
portion of Judge Cooley 3 opinion which
discusses the subject on general princi
nles. The case will be foaud in n
Michigan, page a.
"Some things are too plain to be writ
ten. IL this charter of State Govern
ment which We call constitution. was
all there was of constitutional com
mand: if the usages. the customs. the
maxims, that have sprung mp from the
habits of life, modes OF tnOught, |
methods of trying facts by the neigh |
borhood, and mutual responsibility IN |
nsighborhood interests, the precepts |
which have come from the revolutions |
which overturned tyrannles, the senti |
ments of manly Independence and self |
control which impeled our ancestors to |
summon the local community tu redress |
local evils, instead of relying upon a |
king or legislature ut distance 10 do |
Self recognition of all these were |
to be stricken from the body of our con
stitutional law. iifeless skeleton might |
remain, but the living spirit, that which |
gives il force and attraction, tue people, |
that VIII ich distinguishes II from the |
numberless constitutions, SO called, |
which in Europe have been set up and |
thrown down within the last hundred |
years, many of which, IN their expires
sions, have seemed equally fair aud to
POSSESS equal promise with ours. and
have enly been wanting III the support
aud vitality which these alone can
piye--this living and breathing spirit
which supplies the Interpretation ot the
words of the written charter would be
utterly lost and gone: all these guard
I'd and protected and not held at the
mercy and discretion of any one man
or of any popular majority. STORY.
Miscellaneous Writings, go. If thes
are not now the absolute right of the
people Of Michigan, ,hey may ho nj
lowed more liberty of action and prlvl
leges, but they are little nearer 10
constitutional freedom than Europe |
was when an imperial city sent out con-
suls to govern IT. The men who trained
our constitutions have not SO under
stood the facts. With them II has been
an axiom, that our system was one OF
checks and balances that each do
partment of the Government WAS q
check upon the others. and each grade
OF government upon the rest aud they
have never auestIuued or doubted tbat
the corporators III each municipality |
we're exercising their franchises duder
the protection of certain fundamental
principles which no power III tAe state
conld override or disregard. The state
NAV mould local institutions according |
~ its views of policy or expedieney, out
local government IL matter OF abso-
lutte right, and the State cannot take ii
away. II would be the boldest inockerS
To speak of a city as possessing munlci
pal liberty when the State not only |
shaped its government, but ut diScge-
ton sent in It's own agents Ia admins
ter or, to call that system one of con
stitutional freedom, under waich II
should be equally admissible io allow |
the people full control III their local al
fairs or no control AT all.
Mr. Justice Storey has well SHOWN |
that constitutional Freedom means |
something more than liberty permlited
il consists in the civil and poIltlcA /
rights which are absolutely guaranteed, |
assured and guarded; III ones liberties |
as man and citizen. His right 10 |
vote. his right To hold office, his rlSht |
to worship God according 10 the
dictates of his own conscience, |
his equality with all others
who are his fellow citizens
What say here is with the utmost
respect and Difference 10 the Legislative
department, even though the task am
called upon 10 perform Is 10 give reA-
sons why blow aimed at the founda-
ton of our structure Of liberty should
be warded off. Nevertheless, when the
State reaches out aud draws 10 itself
and appropriates the powers which from
time immemorial have been locally pos
sessed and exercised, and introduces
into its legislation the centraliziue Ideas
of continental Europe, under which des-
potism, whether of monarch or CON
mune. alone has iiourished, we seem
forced back upon and compelled to
take up aud defend the plainest and
most primary axioms of free govern
ment, as If even III Anglican liberty,
which has been gained step by step,
through extor.ed charters and bills ot
rights, the punishment of Kings and the
overthrow of dynasties. nothing WAS set
tied aud nothing established" o. j.
The profits on our sales are so s'nail
that We are unable To present our Gus
toners with $40 or SO Toilet Case,
but they will save enough by buying
their Christmas goods and toilet articles
II a Eaaafa