The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1889-11-09
STATUS or THE LEGISLATURE.
Governor Ferry Discusses It's Powers
The Adjournment Was Wise.

Governor Ferry Discusses It's Powers
The Adjournment Was Wise.
OLYMPIA, Nov. s-Much perplskity and
uncertainty exists vet rs to the status of
the present legislature and It's powers for
organization, the election OF United States
senator's and the passage OF laws. Perhaps
the oIesrest e1 1plaRation OF the relation of
the legislature to the future state govern
ment and to It's executive branch was made
this morning by Governor Ferry 70 a PosT-
lSrELldsEScEg reporter
My opinion has been and is, said GOV
ernor Ferry. that the legislature could
not elect United States senators under sec
tion 81 OF the enabling act, until after the
proclamation of the president. Il is true
that regarding the language of the section
alone, il would bear the construction that
the legislature could elect prior 10 the
proelama alton, but il is u well-settled rule of
law that you must place that construction
upon law which viii render it unconsti-
tutIonal even II you do violence To the lam
gnsge used. The constitution Of the United
states provides in substance that United
states senators shall be elected by the leg
islatures of the states. hence il is not in
the power Of congress TO authorize any
other body TO elect senator's, and wesheuld
place the construction upon section Il.
that congress did not intend that the legis-
lature should elect senators prior TO the
proclamation. The body now in session Is
not strictly a legislature. II Is a body
elected TO constitute state legislature upon
the happening of aeontingency-th procEa-
nation Of the president The adjournment
OF fhe TIVE bodies until Monday ard their
evident intention not TO elect senator's un-
til after the proclamation practically re-
moves all difficulties. Alter that event
there viii be state legislature faily com
pelens 10 elect senator's.
when the governor assumes the duties
OF his Office he viii probably find 3 legisla-
ture IN session and will be notified Of the
fact lie viii then recognize the legisla-
ture hy the delivery OF his message. After
that tine the Legislature viii be fully
authorized 20 proceed with ali business.
the state government being then com plete
aud composed Of an executive. legislative
and iusiiciai department The only ques-
tions that can arise thereafter viii bs those
Of technical irregularities, which viii not
aiiect the constitutionaity Of laws which
may be enacted. This coarse vii avoid
the necessity Of the calling Of special ses-
cf08 0s tttt kEhGEalVk 4kiA tlt 4stE5s1VEt o.
10 shat can be done as s special session.
and sill make thfs Legislature the
hFst, as was oonten plated By she
constitution IL ai8 thea appsar
upon record ard as matter Of history that
sbe Legislature convened upon the 9Th day
of November. the tine prescribed IN the
constitution for the nrsi session Il VIII
further appear that the United States sen-
Ators were elected alter admission as state.
and Il wili further appear that no legisla-
sion was enacted unul after the complete
formation of a state government II tais
ceur q il pursued, section - % ihe enabling
act can 6c eliminated anG entirely siisregGrsi-
ed Whether she houses vii complete or
ganlaaton hy the election Of ali necessary
officers ard the appointment OF al commit
tees and tas adoption Of rillcs. os continue
temporary organisation EntA tAe faAngu-
gafion e state osaeeFs. Is rot important
VITA this view, the Questions nos AE3tat-
iax the public aaind s8A very soon IN the
future have passed into OBLIVION