The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1889-07-05


exercise OF power. As the constita-
ton OF the United States will be part
of the constitution of this state, most
of the principles usually embodied in
bills Of rights will enter into it without
an explicit statement and adoption.
Consequently there are not many such
principles that necessarily require
special enumeration, though it would
be well 10 make our bill of rights full
and complete The new constitution
OF Pennsylvania made few changes
in the bill of rights. which, though not
very raaical or extensive. constitute
valuable additions 10 the usual securi-
ties OF private rights. Two of them
should he adopted by the convention
Of this territory. One forbids convic-
tons for newspaper libels relating TO
the conduct of officers or men In a
public capacity, or TO any other mat
Ter proper Tor publication or informa-
ton, when the act that such pnblica-
ton was not n,slieiouslv or negifgently
made j. established TO the satirfaction
OF the jury. The other forbids max
lng irreyocable any grant of special
privileges or lmmunities.
There is one principle, lately become
prominent, though by no means new
which may now he included among
tue asserted rights oi the people. 1t
Is the principle upon which the eleva-
tor cases were decided by the supreme
court of the United States. Where "a
business has become affected with a
public interest the service rendered by
it must necessarily be common to all
and be rendered To ali upon equal
terms. This our bill of right should
declare. The constitutions of Ala
bama and South Carolina compel the
exercise OF the common law right
OF legislative control over one class OF
property affected with a public inter
est" which is OF great importance with
us They declare that mo toil-tax. ini-
port or wharfage shall be demanded or
received from the owner of any ner-
chandise or commodity for the use OF
the shores or any wharf crested on the
shores, or in, or over the waters OF any
navigsble stream. unless the same be
expressly authorized by the general
assembly" The adoption OF this pro-
vision gives to the legislature no pow
or IL would not otherwise possess, but
il necessitates the exercises of a pow
er which is sometimes unwisely with.
held.
The right of trial by jury should
not be so asserted that jury trials
may not be waived by the parties in
all civil eases, and the decision OF such
eases be rendered by three-fourths OF
the jury in any court. A jury of less
than twelve should be allowed in the
minor courts. In the section relating
10 the grand jury ii should be provid-
ed that person may he held Tor a
criminal otiense on the information OF
the public prosecutor. as well as
ON presentment or indictment by a
grand jury.
should like to see a return in this
state 10 the theory OF the fathers re-
speeting martial law. Ii is absolutely
prohibited In Tennessee and restrict
Ell in Vermont 10 the army and navy
and the MALTA in actual service in
times Of war and public danger. In
some of the other old constitutions. IL
can oniv be exercised ''on authority OF
the legislature, " except among those
employed in the army or navy and
the MALTA in actual service. IL NAV
tie said that because martial law Is the
abandonment Of constitutional forms.
this inhibition would be temporarily
swept away with the rest oi the con-
stitntion. Bat the erection of posi-.
tive barrier against IL Wonld deter any
bat the intentional usurper from pass
ing the line of permitted powers. IL
would. 40 least. prevent the deciara-
ton of martial law, except in an ex-
lgency too plain to admit Of cayil
sgain~t il.
In an article on the French Eevo-
iution and is AssailantS," John
stuart Mill said. no government can
no" expect Ia he permanent unless il
guarantee prugre7s as well a. order
nor can It continue really ca secure
order snie>s Il promotes progress.
In attempting to reconcile the re4ui.
Sizes ior progress with the requisites
Tor safety. there Is no more ditlieult
problem than that III popular suffrage.
II : Necessary Tor progress that abe
right at suffrage should lie extended
and can Il be extended with safety
Ahls question can cniy be answered
irou proper understanding of shs
night ot suffrage, Nothing Il more
clearly established and universally All
united than that our system oi gov
ment Is a representative one. lis
ioWtg> !yom bt,i t0 last are exercised
Ply spTe>,miai,ve> of The people. The
electoral ts3dy . ~ strictly vpreseil'
taiive a. any If the department.,
Through Which the Cove rnmens y sd
miai~teTet lhe eiestofS are not sas
real sovereign the source and posses
SorN o4 sovereign rights they nereis
represent the sovereign which has
risay fight to determine ~lio the>s
e.cCtor, shah b., The only rlehl
NAl.A Is coumen Ia the collective
tNsfY al ihe people Is the right %
every citizen. u lthoa; Distinction, &
''t fairly aud adequately represented
Ban Tee electors. The true shecFy q
ihe >uiipsesI> expressed hY the weTt
iranchi>e Is j. the rieh; - exer
else . Delegated po~er oT duty, wiss
which certa'n designated classes aT'
chafsei by the sovereign, for 81 ear
p0rp>s-eS- Whether ths right ~ SAT-
tFagc shnu'd. gsc extended o. women
'oT example. depends entirely upol
whether they are fairly and s8elualei,
represented by the electoral tso>ay s.
NOW constituted They have Au ua
aoobted risat 10 te stsus Represented
right derived 20 thsla shruegh sh'
commonwealth. as have minors, o