Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1888-05-25
Neither a New Question. Nor is There
Any Middle.

session of the Legislature should early /.
follow the election Of the members
thereof. By such provision the popu-
lar will ascertained upon subjects arts
ing and discussed in canvass contin-
ues fresh in the public mind and is the
more likely TO govern the conduct OF
the Representative. The Legislature,
as a consequence, is more likely to re-
fleet the popular wish, to devote itself
TO remedying popular grievances and
supplying the needs Of community.
The choice OF representative quite ire
quently becomes an expression as to
an agitated question OF public policy
or economy. Too frequently questions
raised in a canvass, in many instances
pledges made to secure the election, are
entirely ignored. Hence the passage
OF that law tended to secure greater
probability of obedience to the popular
will. In the interval OF over year
between election and entrance upon
the service, new questions may arise
upon which no expression had been
made in the election; perhaps sup
planting those raised during canvass
! Upon these new measures the member
elect has been transformed from the
instructed representative to an indi-
vidual or partisan, basing official action
upon his mere personal views or parti-
san predictions.
The operation OF this wisest and
most sensible, and most necessary of
the conglomerate branded Laws,
Washington Territory, 1SS7-S," is at
tempted to be defeated by reductio ad
absurdum by raising a cry that the
Legislature of last winter have passed
an act the effect of which is that the
members OF that most illustrious of
Legislative Assemblies are entitled, I'M
der the tenure-of-office act, approved
February 4th, 1856, to seats in the
Legislative Assembly, which will con-
vene on the second Monday of JAN
uary, 1889, because those members
had been elected for two years, which
term OF two years had commenced on
the first Monday of March, 1887, the
time fixed by said tenure of-office act
for terms of Office to commence.
1t seems to have been overlooked
that the provision making elections of
members Of the Legislative Assembly
to occur biennially is in accordance
with the Organic Act or Congressional
enactment. The same organic law de-
clares that the sessions shall be bien-
NAL and that the said biennial session
is expressly limited to sixty days dura-
ton. From and in these congressional
sources of all legislative power in the
Territory, We find: l, The members
of said Legislative Assembly shall be
elected at q general election to be held
biennially. 2, They shall hold their
Offices for two years. 3, That their
whole duty is to attend session of the
Legislature, which is limited to term
not to exceed sixty days, except when
the Governor may by proclamation
have convened the Legislature "on an
extraordinary occasion" In short,
that member of the Legislative AS
sembly is elected for "term of two
years." within which he is authorized
to act at the biennial or regular session,
which convenes ut snch time as shall
have been fixed by the Legislative As
semb)y, the power SO to fix the day OF
the commencement of its regular ses-
sion being delegated by the organic
act. From the date of assembling, the
Assembly may sit sixty days. Their
power is then exhausted, the members
are "fumctus c6fcio," saving always that
if an extraordinary session should be
held within the two years from the
date OF their election, or until the next
biennial election, they constitute the
Legislative Assembly which convenes
in extra session.
The Legislature cannot repeal mol
change the true intent, meaning OF
terms of the organic act. At the bien.
NAL election for Delegate to Congress
members of the Legislative Assembly
county, district and precinct officer,
must be elected. The Legislature i.
powerless to enlarge or amplify the
official functions of a member of tho
Assembly. 1t cannot endow him with
qualifications to sit for more than one
regular or biennial term, nor car
any member claim by force of any
Territorial enactment to sit in any SEES
sion after he has discharged the dutie,
for which he was elected, nor in any
extraordinary session, after his success
or shall have been elected at any bien
NAL election.
Upon the claim that u member il
elected for two years." the member
elected in 1888 is the qualified mem.
Der to sit at the regular session which
shall commence at any date subse.
Iquent to that election. His prede-
cessor will have completed all and
every duty for which he was elected !;
will have held the Office to which he
was elected, viz, for the term of two
years. The Legislature elected No
vember 1888, have fully discharged
the duties for which they were
elected. No wall of regret will be
heard that they have finished their
labOrs, and that such is the end of
their official life. They were fully
authorized to fix the date for assemb-
ling OF a subsequent regular session.
They SO did, and the members Of that
Assembly will have been out and very
few indeed of them will be in again
after the November election of 1888.
In this instance the question of the