The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1888-08-17

ever other connecxson in which K
accur4- This Eould be 20 s1vpose
thai the frazaers weighed Only the
force OF single words. - philo1eyssss
or critics. Raa not wnnse clauses and
o5jecfs. a. stzlesrnea 21d przrrczi
rsas0ners- And yet nothing has been
more common than - s1b5ecs the con-
sfitnz,0n 10 this narrow and uztsea1sE-
oas criticism Mea OF Ingenious znd
subtle minis, who seek for symmetry
xaEi harmony in language, having
fsand in the constitution word used
10 some sense which falls Ia with their
fsForite taegry Of Interpreting is hsve
razse that the standard by which 20
measure is use IN every Other part Of
the ilstrurnent. They hare thus
stretched i, have made that the stand
ard by which - Measure IL use n
every other part OF the instrument.
They have thus stretched Il, - II we're.
On the bed OF Procrustess hoping OF
it, meaning when Is seemed too large
fs- their purpose and extended Il when
it seened too short They have thus
distorted il TO the most unnatural
shapes and erippsed where they sought
ealy 20 ADJUST it, proportions sccord-
ing 20 their own opiaiDns-
Another rule that obtains IN all the
courts IL that when general poser Is
conferred or duty enjoinei every par
tlcular power necessary for the exer-
else OF the one or performance OF
the other l. also conferred and
the particular parss mlss be made
70 harmonic ssth the entire
purpose. This II. however, modI-
L 4
mans for the exercise of the granted
power are given no other or different
means can be implied because more
edect1al or convenient
A further source of light in the con-
struetioa OF sfatute or a constitl-
ton, aide from the mere examination
OF words and that which is implied.
i found in the subject matter of which
the statute or constitution treats, and
the object 10 be accomplishments evil
to be Femediei or the right granted.
In order that By grasping the motive
In the same light in which the law
maker saw il, We may the more readi-
iy or thoroughly apprehend his mean
ing and the thought he would convey
20 others than We would otherwise be
able 20 do II We simply knew and IN
derstoo1 what the words implied, in
eadeav0ring TO convey 10 rs that
meaning. The context often controls
the meaning Of a word or phrase,
either by extending or limiting it, sig
nification; q conspicuous example Is
given in the authority last cited.
In our form of government, the ma
tienal legislature + governed By a con-
stitution granting TO il certain power
which are called enumerated powers,
and are in fact enumerated in the con-
stitution itself. and any power rot
specified in the constitution specifi-
cally sr by necessary implication does
not exist az all The congress cannot
claim powers which are not thus grant
ed. This applies not only 70 the con-
stitution as originally made but as il
now exists with the amendments. 8
Wheaton. Isl; 81 z. 6. reports. So.
The state, on the contrary. bv it,
constitution. takes away or limits
legislative power instead OF giving il.
a is done by the federal constitution.
and excep; as limited By the eonstitu-
ton Of the state or Of the United
States. the state legislature NAV enact
any AN taev deem for the welfare of
the people under their jurisdiction.
The organic act OF the territory in
this respect furnishes constitutional
limitation beyond which the Iegisla-
ture OF the territory cannot rightfuIly
proceed.
Congress created territorial govern
ment~ and furnished the rule OF con-
duet by which the government is 10
exist. and provided the Limitation 10
each branch thereof. Legislation, OF
course. must not be in conflict with
the laws OF congress under and by
which II i organized and the power TO
legi>laie is granted, and the rules en-
acted bv congress limit the power of
the legislature 70 make laws.
Recurring nov to the claim here
made involving the act Of las already
cited. we are 10 inquire what was the
intent Of congress in the Use OF the
word '-fitiz-n" rs found in the organic
act Revised Statute. Sec. 1876; 10
Statutes at Large. p. I72. Sec. 5.
Section 3 reads as follows
That every white male inhabitant
above the age of twenty-one wears.
who shall have been resident of said
territory at the time Of the passage OF
thi. act. and shall possess the quaIifi-
cations hereinafter prescribed, shah he
entitled to vote at the first election
and shall be eligible to any Office with
in said territory; but the qualifications
Of voters and of holding office at all
subsequent elections shall be such as
shall he prescribed by the legislative
assembly. Provided, That the right
of suffrage and of holding office shall
he exercised only BY citizens of the
United States above the age OF twenty
one wears. and those above that age
who have declared on oath their in
tentiOn 10 become such. and shall have
taken an oath 20 support the constitu-
ton 81 the United States and the pro-
yisians Of this act And provided fur
Their. That no officer. soldier. seaman.
mariner, or other person in the army
or navy Of the United States. shall be
allowed to- vote in said territory by
reason OF being on service therein, I'M
less said territory is. and has been for
the period of six months. his perma-
nent domicile: Provided further.
Thss no person belonging 10 the army
or navy OF the United States shall ever
be elected TO or hold any civil office or
appointment in said territory"
The privilege OF voting in not a nat
ural right bat a privilege conferred by
Law Cooiev's Constitutional Limita-
tons psge 75a.
It may be limited or enlarged by
the legislature within its own con-
stitutionai limitation OF power. Sec
ton s, above quoted provided first that
a; the FIRST election held In this Ter
ritorv. every white male inhahiiant
above the age of II years who shah
have l'een a resident OF the Territory
at the time Of the passage of this act
and shall possess the qualifications
hereinafter stated shall he entitled 10
vote and hoii any Office within the
Territory and IL is manifest that but
tor this act OF congress the right to
vote AZ such elertion would not have
existed 3; all, IL Is therefore a privi-
lege conferred upon the class named
hv that act IL is to lie noted also that
il i conferred expressly upon every
white male irhahitant above the age
Of II years" Had IL been the pleasure
OF congress the act might have limited
= simply % male inhabitants or have
extended il e. persons under q wears
of age and not have limited il 30
males. The same section provides
further that the qualifications az vot-
ers and 81 office holders at all sub
SeQaent elections shall be such as shall
be prescribed hy the legislative assem-
hiy, provided that the right OF snf
frace and Of holding Office shall he ex-
eTctsed only hv citizens Of the United
states above the age Of II wears. and
by those above that are who shall have
declared on oath their intention ta b.
c1ue such. and shah have taken an