The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1889-02-10
VARIETY Of OPINION.
Legal Comment on the Attorney.
Generals Findings.
General Discussion Of fsse legality
Of : Constitutional convenstos
Is Awnksnet-

General Discussion Of fke legality
Of = Constitutional Convention
Is Awskenes-
The adverse opfuiozo Of Atforney General
MetcaIfe on the pswer 81 The governor 20
call constitutional convention. dats not
meet the s.nanir.Ous endorsement az
the members q the Seattle lar. IL ire re-
result OF canvass Of nnubsr Of Peer Ix-
-EfISGxxcEa reporters amongst them.
with one OF Two sajourTalng attorneys. is
aay criterion. Some Of the lawyers ss.ssi-
eided With Mr., MascxIfe ri hts premises
and In hls conclusions. took iszue with
them. some thought the attorney general
had consistently. though perhaps. unrou-
sciousIy, used the reasoning asu.i TO the
Ieafers OF the Democratic party. SOME had
not read the opinion. but still had their
ideas about the legality OF the convention.
and etfsrs considered that. while the as
sernhlsss might be Legal, IL would not be
expediesit. Taken all i'm ell, the reporters
made . ssir resume OF general legal opsn-
ION on the validity OF constitutional con
vention. called forth By the extended find
ings OF the attorney general
POOH DEMOCRATIC LOGIC.
Judge Orange Jacobs said: / do uss
eIaim II lie one Of the duties imposed hy
law OF congress upon the executive Of tf.is
territory 20 fsste . proclamation inviting
the people Of the territory to meet in cor
yeniion 10 form a state constitution nYp
r.arasory 10 admission into the uuicn. On
the contrary the Office Of executive of this
territory is political appointment. and
views Of the administration sppsInflng
him. and, under ordinary cireur sfnnces.
he IL expected 10 reflect no CTR Views
While have the highest respect for Mr..
Aetraife ~ man, lawfer aud citizen. / 90
not forget, and Mr.. Metealfe would not
have me forget, that he II q Democrat.
honor him not only for the sincerity az his
convictions, but for his loyalty TO them.
Just now, however. we have nos
the utmost faith and Confidence
in Democratic logic or Democratic policy.
no matter how sincere Il may be We are
painfully aware that Democratic congress
thinks that sn enabling act for Washing
ton Territory IL the proper thing. Al.
though our esteemed attorney. general does
not say so In hfs rerbEs yet bis logic squints
La that direction. The expenses OF hold.
ing CONSTITUTIONAL convention have, a. q
ususl thing been borne by congress. or
the people OF the United states Few. If
any are the instances when aypsouria~
tons have been made fl advance The
people OF this territory are abnndanfiy
able aud willing. 10 pay should congress
refuse 20 pay such expenses There Il no
difficulty in that direction. If I correctly
understand :he position of the attorney
general, however. although be IL of the
opinion that the action ia the case Of Calf
fozpia ID not precedent for our action.
yet If the governor IN convinced from re-
Il. flx.F.f n
ritofy desire convention. IL would b, 8
handsome thing for him 10 issue his proc
laHsa.ion calling the same Well, IL he net
convinced that IL Is well nigh universal
cesire 10 have state government II he
Is not So convinced he "wosid not believe
though one rose from the dead /"
STILL IT wouLp nE LEGAL
Hon. ]. J. Actsilvra do not think the
governor has the specific power vested sn
him 10 call this convention: still, IL the
convention were called and the delegates
framed constitution aud IL were duly
ratified ty the people. II would not prevent
congress from admitting the territory into
the eisferhood of states. The general and
regular method Of procedure is for con-
grcss TO pass an enabling act: then the Goa
existence by virtue OF this act In several
instanees territories have been admitted
Without such enabling act They have
informally drafted their constitutions.
which have subsequently been iegaiizcd
by acts OF congress admitting them rs
states. Texas was admitted IN this man
ner. II Is immaterial how The constitution
Is framed. or By what authority the con
yentloa is called, provided the acts re-
celye the ratification of the arfcsxgrv
majority OF the people. Neither does IL
make any difference who calls the con-
Ft4s. 10 l. L.
lated, provided congress sees sc "a admit
Us as n state. I'a sither words. while 1 do
not cnufasass AAsas the governor as any exs
press authority ia the premises, stiil II he
should Ia bis wisdom see 81 to
do 50 and the people Should sustain tho
contribution after II had been formulated
AUD congress should admit us under IT,
fnls woula eoastignie q legal ratification OF
the governors authority. Az the same
Time the gosefnment Of the United States /
bas rsis'le no provision for the admission
OF territories In this irregulnr manner. In !
fart II Is a departure from the regular
course OF procedure as made aud pro-
visfeG by the law. Dakota has had a con. /
yeution and adopted constitution with.
osit an enabling act We. OF Washington /.
iafrifoay had NJ, euabling act when we
framsd constitution here several years
ago To be used IN case Washington was al. /
mitted tn statehood. The oufv objection /
that has been urged against this constitu.
ton Is that VIC have outgrown IL We have /
outgrown IL because of the increase Of
population ana other circumstances Nv
recollection Is that The legislature called !
this convention aud betrayed It's expenses
Unless M extra session Is called In the
near future the calling OF convention
ana the adoption of constitution would |
81 course hasten the admission a. state. !
II congress recognized such proceedings
~ they no doubt would NJ impression,
however, IL that II would be better Ia wait
until we know IL there lis 90 be an extra
session before we take the step Of framing
a constitution.
III Would Bg uRw1sg.
&. ~. Halter; ana of the opinion Chat
II would be unwsse for the governor 70 !
call constitutional Convention. II one
were called. IL would be one called with. 1
out the authority OF law. However, con. +.
gress could, II SO desired. validate the
matter. Rut thst body Is liable "a ignore
ANY Unauthorized act of this kind, ard the /
expense would fall upon the territory aud
TIE territorial legislature has no right ~
pay any such unauthorized expense We
have already bad one constitutional con.
venfton. Tn November .. 1870, the terra
f0rial legislature passed an act entitled an
act to provide for the forma-
ton OF state government for
the Territory OF Washington. That
p.
election the question should be pat 10 a
vote OF the people OF the territory. The
act further provided that III ease the ma.
tnrity OF the voters favored The plan, the
next legislature was 10 provide for the or
ganszatton of The state. Al the election az
INC majority OF the voters favored the
pssn. Accordingly the ueAt legislature
which met IN November. faS7 Passed al
ACT providing for tho eating OF eonvea
ton by the governor. and the framing of a
constitution for The proposed state. aud
the submission ef the same 70 the pooplwl
FOE ratification. This srs was apl
proved by Governor Perry, November
:, ISL. The governor uader this act
called convention aud authorized the
election at delegates. The convention met
anu adopted y constitution, which was
Submitted to the people IA ISIS, aud bs
them adopted Here the matter rested,
CONGRESS never saksug any aeffon ia the
matter. Nor has any bib providing fer
the admission of Washington fha; has
bscn presented in congress contemplated
admitting her under tina, constitution The
kofefaay has no mere right u cal con
siituuonai convention than private ia
eifiauai, that is, as the las stands at pre-
NoS nxeEnlEsr Sea saorKa