Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1888-05-25

WHICH tleN were liot Sie1teu, W NC
held after the two years shall have eX-
pired for which such members were
elected. Law is but common sense
reduced to science" 1t tOlerates
no absurdity, and no such absurdity
would have been committed by even
the last Legislative Assem- bly,. There
is another canon OF legal construction
the repeal by implication. II the law
passed subsequently conflicts with Il
previous law, it so lar repeats, modities
or conforms the earlier law to its pro-
visions. Admitting that the tenure
of-otiice act had affixed as the time
for the commencement of the term of
office OF member Of the last Legis-
lative Assembly, the first Monday Of
March, 1887, and that by reason
thereof, their term continued till the
first Monday OF March, 1889, still the
last Legislature has authority to pre-
scri he a different tenure of office.
When the law declared that the next
session should commence on the sec
ond Monday of January, 1889, such
law repealed or modified protanto the
tenure-of-ofiice act, and thereby
abrogated the honorary and brevet
rank attaching to the expired and de-
funct Legislative Assembly of 1887,
which they may have claimed to
continue until March, 1889, under
said Territorial tenure-of-ofiice act.
Thus both organic law and Territorial
Statutes have relieved the Territory
of the possibility of two cocks ting
Legislative Assemblies. By law, and
any rational construction of the
meaning of clearly expressed language
there can be but one Legislative
Assembly and the people are content,
and say " Amen"
But this agitation, this tempest in 4
teapot, this sO-called muddlc, is not q
new thought. Its suggester cannot
claim the credit Of originality. The
same question was raised at the session
of the pioneer Legislature of Wash
ington Territory, February, 1854
True, the Organic Act then provided
for annual elections and annual ses
sions. With that difference the ques
ton now is identical. The first elec
ton of the Territory had been held in
January, 1854. The session of the
Legislature commenced February 81
1854, as fixed by the Governors proc
lamation. The Legislature were about
to pass an apportionment bill. for tn,
representatives. to be elected at the en-
suing general election in 1864, the
time for which had already been fixed
by law, and would necessarily occur
within the 'year" for which the mem.
bers of the first Legislature had been
elected.
The following extracts from the
Council Journal of that first session
illustrates how the question was met
and determined. 1t possesses also
great interest, as a matter of early his
tory of our Territorial legislation.
Extracts from Journal of Council ". T., Firs,
Session, 1854.
Mr.. Cstlin, of the select committee. to whom
WAS referred n b. No ~, An act to apportion
the representation of the Legislative Assembly, II
reported =" that the said committee had instruct
ed him to say that, by the organic Act, members
were elected one year, and IS the next session
Of the Legislature would fall within that term,
members now elected would hold their seats"
Nessre. iantis aud Bradford, minority of said
the journal their entire non concurrence In the
doctrine of the majority report" Page IA
Mr. Catliu moved that committee Of three be
appointed to wait upon lion. j. s. Clen(Qain,
United states District Attorney. and ask his lr,
gal opinion upon the construction of the section
OF the Organic Act, relating to terms of Office OF
members Of the Legislative Assembly. Carried
Messrr. Cxtlin, Balch and Bradford were ap
pointed said committee.
Mr.. Ssywxrd moved that the Council request
Hon. william Strong to give u written opinion
on same subject. Carried
The same committee were appointed to wal,
upon him. Page 1855.
The President announced the receipt ola com
munication from the Hon. John 4. Cleudenin
United States District Attorney, etc.
Communication read, and on motion of Mr.
Bslch, ordered to be spread urOn the journal. 1,
"Hon G. N McConaha. President Of the Coun.
Gil of Washington Territory: Sir:-Upon ex
animation of the Act of Congress establishing
the Territory Of Washington, am clearly Oftht
| opinion that the clause Of the law which says
that term of service Of the members Of the first
House of Representatives, shall continue for one
year.' does not mean year of time, In the strict
sense of the term, but means u Legislative year
The second provisO. In the 4th section OF the
Act, inve.ts the Legislative Assembly with the
| power OF fixing the time ofthe commencement o.
| the regular Sessions of the Legislature; and II
we were to construe the word " year" to NEAR
three hundred and sixty five days, this proviso
would be null and void, by the provisO In the It'll
Section Of the Act, which declares that " there
shall be but one regular session of the Legs
lature In each year" and the Legislative As
sembly could not then fix the time of the com
mencement of the next regular session, earlier
than the 18th day OF February, 1853.
- The Legislature has certainly the power tc
say when the next regular session shall com
mence II Is also certain, that there can be bu
year; cannot hold a seat In two regular sessions
Of the Legislative Assembly.
" These considerations force the conclusion
that the word " year" used In fixing the term q
service of the members of the House Of Repre-
senfatives, does not mean twelve months but
Legislative year.
Very respectfully, yours, etc, g.
| .. g. District Attorney, Washington Territory
On leave. Mr.. Catlin withdrew the majority re
port OF the select committee on II. g. No. 81
An act 70 apportion the representation Of tho
Legislative Assembly.
| On motion OF Mr.. Catlin. II. Il. No. SO Zap
portionment bill taken from the table.
| On leave, Mr.. Catiin presented another repor,
based on the number Of qualified voters, max
Ing the total number Of representatives -, and
apportioning them as follows:-'''.. Page 1877
The President announced the receipt of a com
munication from the Hon William Streng
Communication read, and on motion of Mr.
Miles, ordered to be spread on the journal. 1t ID
~ follows:
April 2sth. 1851.
+" TO Hon. Geo. N. McConaha, President Of the
Council:
"Sir:-The two questions upon which the
to be: First-what IL the length of time for
which the present members hold their seats'
This question is not entirely free from doubt,
and owing to the short time have had to make
the examination, 1t has not been done ~ thor
oughly as l could wish. The answer depends
upon the definition you give to the word year,
In section 70 urth OF The Organic Act. The term
when used In law sometimes means Q solsr or
civil year or II may be applied to an indefinite
period Of time, as In q lease from year to year.
when u may mean day, week, month or year, in
the ordinary deception of the term.
II We construe the term year, where an
piled to the time for which q member of the
House can hold his office. to mean three hun
dred and sixty days, then he must hold Just
that length Of time neither more nor less; and
as for accidental circumstances the first election
was held on the Both day OF January, upon that
day, SO long as we are a Territory, must the old
Legislative Assembly go out and the new one
come In.
90 1t IL u fair rule of construction that IL tho
Letter q Ia dauhtf.,l u ~