The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-08-05
CLOSING SCENES.
Judge Jacobs Makes an Impassioned
Speech.

Speech.
The final scenes attending the adoption
of the charter of 1890 were in harmony
with the entire proceedings, almost every
member exhibiting the characteristics
which have distinguished him throughout.
Judge Lewis was the only member absent.
Judge Jacobs made an eloquent speech.
Judge Greene continued till the last stroke
Of the pen on the parchment to watch with
microscopic exactitude that no error crept
in. Judge Rochester got off final fulmina-
ton against appointive offices. w. r. An
drews weighed the merits and the dement's
in the balance OF his judgment and cast
his vote for the charter as q whole. John
Leary took the practical view of section
passed in his absence and at the last mo-
ment had it stricken out. And so the va
rious members put the finishing touch,
each with his own hand.
Mr.. Leary opened the business by de-
claring his objection to section eight of
article 81, which was as follows:
Any right-of-wsy heretofore granted by the
city council OF Seattle to any railroad company
or corporation, over. across. or along Railroad
avenue, as herein established, shall be subject
to amendment or repeal by the city council
Mr.. Leary said his reasons for Directing
were that it was retrospective legislation,
that it was illegal and that it was injudi-
cious. Although it referred directly TO
Railroad avenue, il gave no greater power
than the general laws. Besides, it implied
q doubt of the stability and good faith in
the city by assuming to pass laws invai-
idating franchises or contracts once made.
Capital was being invited to come into the
city, and such provision as this would
have q deterrent effect.
Judge Rochester said the constitution
provides that no legislative body can pass
ex-post facto laws but that had been de-
cided by the supreme court to refer only
to criminal matters. He thought this Sec
ton was wise provision. 1t ought to be
there, and If it could have no retroactive
force il might remain as an expression of
the opinion of the people.
Judge STRIVE maintained that the section
could only express the sense of the COM
mission, and that no power vested in any
legislative body to annul franchises once
granted if they had been properly granted.
The chairman called Judge Struve to the
chair and took the floor.
took the position here before the commits
sion. said Judge Jacobs. that il was better for
MS that il was wiser for US, IL was more expedi-
ent for Us, inasmuch as we had nothing 10 do
with the location of Railroad avenue, or with
the Grants of franchises which have been piled
mn on that ayenue--for they had been done in
the uast-that IL was best for us not 10 at
temnt to validate in any way that
which has been done. But thought the
first section OF this article did do that which
was very much opposed 10, but II IL best for US
TO leave the franchises and the ordinances by
which Railroad avenue was established
inst a. they were As the present chairman
Of The commission has well stated. believe
the law ia that n the location of the avenue WAS
regular. the a fferent franchises granted upon
sthat avenue were within the legitimate power
OF the city council Being within the iegitl-
mate power of the city council, u
became. IL there was q franchise granted and
accented By the corporation 10 whom II was
Granted. an executed contract, and was placed
under the protection of the constitution.
guarantee which has been quoted by Judge
struye that no legislative body las the power TO
inya!sdate or affect the obligation OF The con-
tract.
Now, il being my view that the companies
have no valid franchise on that avenue, the
section Ia useless as s don't affect the validity
~ their franchises at ali. But IL is worse
than useless. People viii say there u
Jnase s,ruve. and here is Mr.. Leary, a lawyer,
here is Judge Greene, who has occupied high
judicial positio ms in the territory, and II ne
were not present would say moEe-here u
Judge Lewis, here is Judge kocnesser. and here
Is INV friend Andrews, lawyer of aeknowl-
edged reputation. and Mr. Donworth.
whom we all know TO be q
good lawyer People win say. the city council
viii say, I am afraid that these gentle
men, acting here in the solemn ca
paeity Of judges OF that important CON-
mission. have said the coancis mas the
power now sosyseare these ordinances or these
franchises / am afraid il may lead 10 diff
ealty. Now don't want my name quoted as ga
authority upon the proposition that II these