, 1889-01-31

one of which might properly describe the
occasion for calling the extra session.
The calling OF constitutional convention,
with the proper limitations as TO distribu-
tion OF delegates, time, place, etc., to
make fundamental laws that shall
be both the power and safeguard OF our
people, would be, it seems TO me, such an
extraordinary occasion as would not only
warrant, but also demand. that the gov.
ernor. contemplating such thing, should
call together the legally constituted repre-
sentatives of the people for that purpose.
| Now who shall decide this question as
to extraordinary occasion? The functions
OF governor are two.fold--executiv and
ministerial: Executive duties are those
that are political in their nature and are
conidec to his Judgment, discretion and
ernor by virtue of his office, and the mode
OF their exercise. as we'll ~ the responsi.
bility OF their abuse Is strictly personal
and individual, and rests entirely In the
conscience of the executive SAYS Mr..
Freeman. This author further says that
the judiciary cannot declare whether a
particular occasion Is one that calls for the
exercise of those powers which. by the
constitution, are delegated exclusively to
the executive branch of the government,
nor direct by mandamus the manner in
which those powers shall be employed.
This function of governor Is different from
the duty of carrying out and performing
the requirements of statutes or of express
laws, in which the things to be done are
dc6ned and the manner of the doing de-
termined. These duties can be en-.
forced by mandamus. In these
matters he judges neither the practical
biity nor the wisdom or propriety Of the
act to be performed. In matters of ex-
ecutive duty he is the sole Judge, aud no
other person and no other department of
government has any right to impinge
such of bis acts. flf
ut is my opinion the governor has the
right legally TO call an extra session of the
Legislative assembly. IL he has such right
and makes such call. the asse mbly could Of
course make all proper legislation relating
to the pnrrose OF the call. There 10 q case
reported in the FIRST Arkansas, page $40
Hawkins Va. Governor-that Is in print. +"
w. w. ID. Turner said: IL have mere :
ly noticed the fact that the governor has
submitted the question TO the attorney
for an opinion. do not. of course, know
the precise terms OF the question upon
which an opinion Is called for, but have
no doubt of the governors power In the
premises. Section 1928 of the Revised
Statutes of the United States (which Is a
part of our organic actl. 1t seems 10 me,
|
IA session OF the legislature called for
the purpose Of proposing an act providing
for constitutional convention 10 within
the provision of that section. If congress
should desire TO admit Washington terri
tory as state in the Union under the
constitution thus formed, no question as
to tue validity OF the act Of the Legislature
would or could be raised. Indeed, I will
60 further and say if the people without
convention and frame constitution con-
gress has the power to admit us. The
only questions that could be raised would
be ~ to whether or not We have the re-
quisite population-and 10 the proposed
constitution republican In form. II I am
not mistaken Q number Of territories
have been admitted without congress hav.
ing previously passed an enabling act.
But admitting that q legislature convened
for that Sn purpose 10 not within the purvisn
OF Sec. 1928, u would simply amount 70 an
irregularity IL the convention should form
q constitution satisfactory TO congress.
ut seems to me there would not be any
question of legality or illegality of the act
of the legislature calling the convention.
mean BY that, that II congress should
choose TO admit US under the constitution
so formed 1t would have the snquestioned
power TO do 80. The question as to
whether congress had the power to admit
use rs could "I not be raised anywhere else. In
j. II. East, who has been in the city for
the past week, is extensively interested in
the Okanogan and Rock Creek mining dis
tricts, and from him the REVIEW learns
the following interesting details concerning
the new districts. In October, 1888, Fred
Gwatkins and George Sheahan discovered
rich gold vein southwest of Okanogan
lake and about twelve miles north Of the
British boundary line. Since then about
thirty locations have been made in the
vicinity, all Of which are verv promising.
The principal locations are: The Stem
Winder, with q vein of free gold quartz
eight feet wide, specimens of which show
considerable gold to the naked eye. The
Brown Bear has an eight foot ledge of the
same character. The Silver Crown ia an
extension of the Brown Bear and its char
acteristics are much the same, Those
leads all run north and south and the
average assays of ore runs $50 per ton
gold.
The Wide West is one mile east of the
Brown Bear, and has 3-foot vein of free
milling gold quartz. running east and west.
The Empire, an extension of the Wide
| West, is of the same width and character.
A number of outcropping of the vein assay
$5OO In gold and $l0 in silver per ton.
There are eleven claims located on the
same ledge as the Brown Bear and Silver
Crown, all of which show the same out
groupings which have been traced for
three miles. ...
The formation of the country being
rolling bunch grass hills the lodges are
easily accessible to wagons and pack
trains. The mines are only fifteen miles
from Pentectou, on Okanogau lake, whence
transportation can be had by boat and rail
to the Canadian Pacific, and when the
branch line OF that road is built as now
projected the mines will be but two and