The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1889-02-09
1OT n HIS PRfROGATIvE.
ne Governor and Q Constitutional
Convention.
!. Cannot be Caiied-su~is a fhe
opfaisa 81 the Attorney
General

4 w{1F<0E exSC1NFe H31-E4ME13If9E. 81
1resFed letter 70 Governor semp1e sskssx
sirs II. unaer certain conditions. he wcul.
81 constitutional conyens5es. Fhe zp~.
srnor referred tie EeEzer 10 Ats1r.
reyGcneraE J. u. Metcaife for
III op.ni0n ~ 10 the aashowsky
q lrw or precedent for snch action ON fhe
- Of the executive. At II o'c5oez laxs
sfxhs fhe attorney general compIesea fae
wcrk Of preparing the opinion which Ii
eYsn below:
E1x.-The communication Of Mr.. Il. e.
v11marfh. dated January eth. 1859. re-
ereqizg, should X appear 20 your szsss-
kcf}on that the people desired. and the
sublfc welfare demanded The assem- sinv
q 5 constitutional convention fhat yoa
I'll ~ executive proclamation such con-
eeation. and which communication wss
irfy referred to thss Office for inforrnx-
ia. - % the authority Of Law OF preee-
xen< for such action on tue part OF the 3 4
eeufiYe. In reply beg gexse =,
e1bmIt the following. The written refer.
snce 70 this ofiice endorsed Oh the corasuu-
n1cssiDn frpfa hr. Wiimnffh submits two
euesEtops for consideration 70 sssis ofsicn.
Ffut-The authority Of Law empowering
1he executive TO call b. proclamation 4
Institutional conveutiony
6ecoud-ff there exist no warrant Of Law
~ surh action. what precedent or siHe of
srecedents tas been established which
rouM Justify the exercise of your 0llirsri
reerugative In ffsusng sncfs proclansafiaav
Ia reply % the Arsf proposition. i f!ssd
uuun . careful examination ~ tt,axsi ssss
0ons Of the revised statutes OF the Inited
mites which rest the executive power of 4
3pFr1fDry In the governor, that no anfbor-
i1sflon exists therein which empowers the
execntiye 10 co snch convention by r.f,r-
kmAfipn or otherwise. The congress Of
ne United States has SPECIALLY hyesrrihed
1he powers and duties Of the governor 81 4
1snftcry, and such powers cannot be ex-
efr;sed. or zach duties performed in ex-
- OF the Limitation Of the SUBJECTS
ennfDernted in the laws enacted by that
bodJ. The eubjects calling for such en-.
eFcizs OF powers or performance of es1ef
iuffes are ret forth IN the fol owing zpss.
noas Of the Organic act" Of Washington
1ef1itnry CT the revised statutes Of the
united States: Sections 1912, 1876. 1857 .,
III, 1923.
81 none Of the Above sections. nor ia any
e15er statute that have examined, can
md even q stsnblanee Of anfharffy EN-
powersug tne governor 10 cali cdaxsifu-
d0nal convention by the exercise OF any
prefosatsfc consequent upon hts executive
pcxer.
In replying to the seeoaa proposition.
6nd myself faced With an inquiry ing0ss-
ing extensive research. and therefore win
b INDUCED IN taking ur fils space. which
the historical data hereinafter sci forth ne
cessariIy occupies. The following arr
mch facts. Internationally arranged,
= ] hare been able 20 obtain 70.
htiye 10 the manner Of calling consiita-
donal conventions. and tEe admission Of
the respectfye territories Into the Union
sfHee the adoption Of the Federal eonsifsu-
aon By the thirteen original states
vermout--The frat consultation was
.Fxx
convention completing its lnboss On the
Eh day OF that month. and this eonsiifa-
ton WIS subsequently, modified In I7s6.
the people OF the state madc several II
teInpfs 90 be admitted into the unlon,' hat
we're not successful until March 4. 1871.
about "a years after the adoption Of ftis
constitution. when congress admitted Yer.
mont without change OF that constitution
and without any conditions, the act ros-
tanning about SIX lines
Kentucky. beisg part Of the state of
Virginia. the people petltsoneG the segissa-
tare OF that ttatc Tor separation. which was
dnally granted On several conditions,
smoIg which were the following A con.
ftituflohai convection should be held nssor
70 The date fixed fer hnai separation. This
constitutional convention was provided for
by body called the 'sEinfh" convention
which Was held for the purpose of fatssy-
Ing the aforesaid act OF TIE Virginia leg :.
the Number OF delegates and their leetfan.
and fixed the date afcsf the plafe ~ the
meeting OF the convention lt WIS con-
yeneti April Z. I-a2 Congress trad prior u
this time ste-sit February 1, 1871 passed
al ass admitsteg EshnSekg iaso The lsniou
upon hef = ssos with the terms OF her
coulss=.s slth tas state OF Virginia. and
xifa@ut any further acs she WAS admitted
without the constitution b4 m submitted 10
she peopie Tor Fatiasasion.
TenaenseS~~Au AT 81 congress fssa2ed
june 2. IDS, fecisss. sswhe4ens. rs aceeat.
ance 81 she deed Of eesssoa of tsie state OF
soffA Carolina congress IRE bound "a lag
out INTO one or more states the territory
therwtofore ee1ed 20 she United states, sDe Il
enaeteu. etc. This act admitted
Tennessee on nn equal footing with nther
states Prior y THIS aet a constitution had
Deen framed By convention which SoTa.
pieted its session February 6. izne ard on
Aprsl 5 OF that year application rs fnasse
Tor admission. afld under the terms oil the
act of luns :. ispa. was admitted without
eubsaitflnE the coastitn ion 90 the people
for ratification. l have been unable 10 mud
py what aaih1rify tbs constitutional con
senfipn Wis called.
ohio-congress PASSED an enabling act.
which was approved April 20, lses. and
which provided etreamsianfIaisy the time
and place OF meeting of tbs convention for
framing a constitution, and further for the
Nttttttssi VI otft&&tts 10 fs@t same also
empDHeted the convention with tire right
10 determine che expedieney Of framing
constitution and = state Revernment. and.
II ssich convention deemed II sxpesfieils
to 50 frame constitution add organize a
STATE SoyeraMSut. Ii WAS authorized ~ 10
do. IL gave further right 10 provide hy
ordinance for the election 81 representa-
lives 70 form constitution or isaIae If
government. II that course wa deemed
more ezpedsent. The constitution wss
framed By tne convention assembled
snfiet this act November -. 1907, aud vas
rot submitted 10 he people fer ratification
~ ~ sci Of congress approved FEBRUARY
y. is0s. Ohio was ..recoguIzsti" ~ one "a
de states Of the Union
i-1nistana--by ga enabling act approved
fenfIsfy ~. 1911, congress authorized the
sssesa6iing OF a constitutional convention
New Orleans, consisting OF not 80 exceed
g Delegates. itProsiued thai the conven-
Ton should determine the exprdfenev oE
lfas1iRg the constitution. but before tax
ns any farther steps the convention
shotild declare that II adopted na behalf OF
ne people OF the Territory tEae constitution
q TIE United States. The constitution was
iassned January =. isis, aEd abe territory
s~ admitted by an act of congress a{,-
lsosed ApFils. fsla. winch provided thst
sae al Of adm isxioE should take effect Oh
and after April 10 isf9
iodisas--Ihs territorial legislature re
1ofislized congress December y, ISIS, Ia
e sdafsse9 into the linton. AMI that aa.iy
fssssss aa enabling set April ia, isis. whfeh
p'asltISd for the assembling 81 g Ger Siiias
ep1Sl convention and the eseetfoa of dele
qlfs Thereto. The constellation vas formed
ss'sr 2. ISIS. aisd hs ie!tt resolution ct
q. l1s
Mississippi Repeated applscasisas we're
nsAs 20 eosgyvss fog an xtsabslak act. Aut
4ESf Fst1<tffsfzs sknfft NaF4ah
sash lie memorial ecsasag fgsans hat stats
Nsfs - have heen StEccinas. ses congress
.sssea al enAht.Rg act n that dale. THIS
~ Nss BinslisT Ia o5asr enabling acts. pro
.teaas Tor a convention ~ frame c0rsss-
$50 siia ofesuixe esate sussfasaent
~ constitution WAS Submitted % tie
s<sfie and ratified AZ = special tiecffoE.
- - ne state way sdmiitSA by iaias neSesu
ess 81 seagSess, December 10 ISL.
AtA1 ssH-A Fplsratf0n rs ESaac Ia cxts
asN Eer al enabling ash aad oa April
Is, az act similar ~ that Is watch
80 iesrsed her state goyefnaaes.t was
.a- Ia Pursuance OF this aes ecu,
station Was termed August Is. ISIS.
- ~ Joint resolution congress admitted
~ sssfitsfy - stsse hees ntsef. =. ISIS
= seauaa-NasSEresS NsS RsemaFal xett 10
- a. enabling act. aud ai6 so Msssh :.
lhls act waS n substance sae same
ss- ensf enabling sets. providing for
@s-rt tzS VI teft FlstttCs Set+s
assntsiser, On ihs 1ssh neeN mker. 1873.
-. III ga aeearae = state BY i9i8f gyso.e-
saae-Ihe people saeus0ria,ixeA he
- ~ slars ~ Massachusetts,. which state hF
a.. aes approved Jane II. 1873. asserted
- sse District 81 MAkaa should he
a.. 49, in'a separate state IL she recple
g. siecsioa held Tor thxe purpose ~
's rssa tseiF consent sud agreement there
-. s'sc hhraeer Ct Votes eset ~ such <3s'c
,s. s ~ Zoe nrasare exceeded by 1850 the
- e. sssi ssasn>t. then aud aes osheFwise
ss,., tsopie wohid &c sit-cmes 10 have con