, 1889-01-31
HAS HE POWER?.
Question of Calling a COnstitu-
tiOnal Convention.
Can the Governor Act Under
the Present Law?
Opinions OF Local Attorneys on the Sub.
Ject-Ah Except One Say That He
Has the Authority.

Ject-AH Excspt One Say That He
Has the Authority.
Several lawyers were interviewed yester.
day In regard to the dispatch which ap.
peared In the REVIEW announcing that
Governor Semple had referred to the at
torney general the question whether he
could call constitutional convention in
case the present congress did not pass an
enabling act for this territory.
Thomas G. Grifitts, of Grifftts, Moore
Feighan, Was asked for his opinion and
he replied
During a five years. residence in this
territory have never. by act or deed op.
posed the speedy admission of this terri.
tory. On the contrary | have urged its
admission In season and out of season, and
ut times have been very impatient at the
FAILURE, OF congress to act in the premises
Several reasons occur to me now why the
governor should not act in the premises In
the manner desired. In the first place the
proposition Of the North Yakima people is
totally impracticable in not affording time,
ana many other reasons. Again, should
the governor call such convention by
proclamation, 1t would have no more au-
thority of law than call from any other
individual. No legal approximation could
be made to pay delegates or defray expen.
ses, and the amount Of payment be unas.
pertaining and uncertain. The result |
fear would be that the convention would
not be composed Of men representing the
business interests of the country, but would
be dominated by professional politicians,
and men with O mania or constitutional
hobby. Volunteer service which requires
also the expenditure of money is always
dangerous.
II presume the only color of authority
TO convene the legislature in special ses.
sion and let 1t provide for representation
districtina the territory and appropriate
money 10 defray the expenses Of the con.
vention and the election following. In
my judgment, without an enabling act
from congress-, such action would be total
ly without authority Of law and void, for
the reason that it Is beyond the scope and
power Of the political organic zation whose
trustees and agents the governor and legis-
lature are. While the governor may con-
vene the legislature in special session for
certain purposes. he can only do 40 for it
to take action within the scope Of its
power. Such action a. is proposed is, in
Legislature, and Any law IL should pass
would be void, mean unless previously
authorized by congress. The payment OF
any appropriation Of money made for the
purpose could be enjoined.
"kgain, am OF the opinion this
putting the cart before the horse would not
hasten the action Of congress much and 7
am qnite sure u would be detrimental To
our own best interests. There are many
bonded and financial interests concerned
In breaking, loose from the federal govern
msnt that should be the subject of careful
confederation and negotiation and should
bs entrusted to proper persons. Again
the immense bonded interests received
tide and swamp lands should be carefully
guarded. The people ought to select their
servants who are to manage these impor-
tant interests with these trusts In view un-
biased by partizan or other considerations
and not single member Of the legislature
nor other officer Of this territory at present
can claim to have been elected by such is-
sues, also II this premature action is to be
carried out II seems to nie to involve the
selection of United States senators and
state officers.
''This means an immense unauthorized
expenditure of money which may prove
fruitless. or be delayed so long that the
minds of the people would change as to
their selection. These and many other
considerations occur to me, and / think,
now that our right to admission is con-
ceded by everybody, we should make haste
law and lay the foundation for the future
greatest Of all the common wealths of the
Pacific coast, and adopt such measures as
Will receive careful consideration and the
unbiased voice of the people in all things. q"
2. II. Winston said: "Hhere are two
theories on this subject. One IL that any
step toward statehood must be authorized
by con gressionai legislation. The other
is that the people of the territory in their
organized capacity have the right to do
anything not prohibited by their organic
law or contrary to the constitution of the
United States. am of the opinion that
the people of this territory have the right
at any time and at all times TO meet in
convention, frame a constitution and apply
for admission to the Onion. Congress
can then admit or not admit as it pleases.
The governor is the sole Judge of what is
an extraordinary occasion, and there is no
appeal from his Judgment and decision.
Whether such a step at this time would
hasten statehood is question that | can
not answer. We ought to be In the Union
and | have nc, patience with anything that
keeps US out.
l.. q. Prather expressed himself as follows
on the subject: 'Scction 1928 Of the re evised
statutes of the United States provides that
in each of the territories of Washington,
Idaho and Montana the governor shall
have power to call the Legislative assembly
together by proclamation, ON an extraordi-
nary occasion, at any time. This statute
evidently gives our governor power TO call
our Legislative assembly together ON an
extraordinary occasion at any time. The
contention seems TO be as to the proper in.
depreciation Of extraordinary occasion. and
who IL authorized to make such inter pre-.