, 1889-08-08

W uHIlN W uoIhtNllt ulAl
he moved To amend by inserting the
word domestic" after the first word
"evcry.'
Mr.Crowley thought that the whole
section was legislative, and even with
this amendment proposed by kinncar,
the same trouble would remain so long
as section s, Just adopted, remained.
MIR. Knnear added to his motion the
striking out of the words, "or doing bus
mess"
Mr.. Schooley raised point of order
that the section had not been read, and
that defect in the proceedings was
remedied by the clerk.
r. NJ. Reed thought the whole section
was legislative and all provided for by
| law.
Mr.. Grihitts read the present provis-
ions of the code of Washington (section
2436) on this subject, and objected to
this section as legislative and unneces-
sary.
Buchanan began an argument by
striking out the section, but was re-
minded by the chair that the subject
was not now before the convention.
only Kinnear's amendment. As Buch-
anan favored that, he had no more to
say for the moment.
Dyer favored kinnear's amendment.
Mr.. Warner said section 3 could be
amended afterwards to conform to this
one. and he hoped this amendment
would prevail.
Mr.. Turner hoped it would prevail,
and didn't want the convention to do
anything to tempt anybody TO vote for
this section, which was wholly legisla-
tive and unnecessary,
Mr.. SharpstCin said there wasn't a
particle of IL but what was lcgisl ative,
for thrce-tourths of every article al lrcady
adopted was purely legislative, the jul
| lipiurN article In nurtipulnr
II. III, sullivan favored the amend
ment on understanding that IL and sec
tion 3 should be afterwards amended to
correspond.
OPPOSED To THE SECTION.
Mr.. Hoyt was opposed to lcgislating
any more than was absolutely necessary
to protect the people, This was not ne
ceSsary, 50 he was opposed to the whole
section.
Mr.. Wcisenburgcr had objected to this
section in committee on this very
ground. but had signed the committee
report in the hope of having Il unani-
nous report.
MIR. Kinncar's amendments were lost
ayes IL, noes not counted.
Mr.. Reeds motion To- strike out was
carried by very decided vote.
Section 10 was taken up: "a corpora
ton or association may be sued lin the
county where the contract is made or is
to be performed or where the obligation
or liability arises or the breach occurs,
or in the county where the principal
place of business of such corporation is
} situated, subject to the power of the
court to change the place of trial, as in
other cases.
Mr.. Crowley moved to strike out the
whole section, and explained why.
Mr.. kiuncar thought the section was
n very valuable one and should be re-
tanned.
Messrs. Turner, Stiles, Buchanan and
Dunbar debated for about five minute.
and then the section was struck out.
MORE AMENDaESrs.
SIC. II. The legislature shall not pas,
any laws preventing the leasing or alien
alton of any franchise, so as to rclicv,
, the franchise or property held thercun
, der from the liabilities of the lessor o
grantor or lessee or grantee, contracted
or incurred in the operation, use or en-
joyment of such franchise or any ot III
privileges.
Mr. Turner moved to amend so that /
, shall read "the legislature shall pas
laws prohibiting the leasing etc, he
cause the leasing, ETC., can bc done with
out any laws
Mr. Shoudy wanted to know how TIA,
legislature could be compelled to pas
any such laws.
Ne Shnrpstein moved land Turne
, acccpted) to further amend by striking
out and changing so that II shall read
"No CORPORATION shall lease or ulienat,
[ any franchise" etc., and that amend
, ment prevailed
Mr.. Stiles called attention to othc
needed changes, aud Mr.. Shnrpsteir
q thought il might need little more prun
, ing but the idea was To prevent corpor
/ atoms from escaping liability on thu
plea that their property was leased {,
somebody else
Mr.. stiles moved to strike out 'I.esset
or grantee
. T., II. Sullivan thought it there wa
no lease permitted, then there woul,
3. never be any lessor or grantor, and /
q was all useless.
Mr.. Stiles understood that the o biec
D was to somehow
! PREVENT SOMETHING OR OTHER
between the Northern Pacific and tn
, Oregon Railway az Navigation company
p and thought all that was necessary wa
to strike out the words he had indicated
Mr.. Crowley said Sharpstcin hat
I STAGED it all right. The case was now il
court where the o. Il. d y. Compan,
sought to escape paying damages on Tn,
= plea that its property Is not being oper
n ated by itself but by the Union Pacific
!. The amendment was lost Sharpstein'
: amendment was adopted and the sectio
as thus amended was adopted.
. SEC II. The state shall not in an
n manner loan its credit, nor shall IL sub
scribe or he interested in the stock o
. any company, association or corpora
i tion.
4. NJ. Reed moved to strike this on
: rs being already provided for,
Sullivan of Tacoma said the prohibi
tion regarding subscription to stock wa
not made anywhere else, and that wa
important.
: Mr.. Dyer thought the revision con
mittce could attend to that and move
= ! to adopt the section. The section wa
!, adopted.
N SKc. 13. The exercise of the right {
eminent domain shall never be $
e abridged or construed as to prevent tn
< legislature from taking the property an
i franchises of incorporated companio
a and subjecting them to public use tn
q same as the property of individuals.
Mr., Comegys asked
!. WHAT THIS MEANT.
n Mr.. Kinnear explained that IL mean
simply that corporation property coul
u be taken under the right Of eminent dt
c main the same as property of private il
o dividualS.
= Mr., Turner asked If this were adopte
1t wouldn't it let railway companies TAX
the roadbed of another company.
Mr.. Knnear said yes, but that such
l. case would never be likely to arise.
G Mr.. Moore asked If the public had nc
already such right.
II Mr.. Rinnear said no; that he had o.
y fered such an act in the legislature for
It and that'all authorities We're plain thu
= cornoration franchises coiild mot 4