The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-07-13
A Debate Upon the Powers
Given to the City.
PREPARING FOR ENROLMENT.


A~s@S~->6
rnittee time to 60 carefully over the several
articles and prepare the entire charter for
enrolment.
The committee on revision was author
lied to proceed with the arrangement OF
the articles. They presented new article
reciting the departments.
DISTRIBUTION or GOVERNMENT.
SECTION /. The government Of the city OF Sc
sstle shall be divided into thirteen Q3) depart
ments and no more, that is to say:
1. The legislative department.
q The executive department.
8. The clerical department
4. The department Of police
5. The department of public works.
s. The department of finance.
2. The department of sanitation.
s. The FIRE department
9. The harbor department.
~. The department of parks.
IL. The library department.
II. The law department
IL. The JUDICIAL department..
Sec The said Departments shall be cousti-
tinted as provided in articles l. 5. z. 8, g. TO- H.
T. -, A. Is, 16, OF this charter, subject to such
changes only Is are in this charter expressly
authorized.
of the executive department.; the presidents of
the houses of the city council shall be deemed
the head of the legislative department, the mem
bers OF the commissions or boards created by
this charter and the principal unsubordinated
officers, in departments wherein there Is no
commission or board constituted by this charter,
shall be deemed heads of their respective de-
pertments but no head OF department shall
have or exercise any power or authority not
provided for elsewhere in this charter. Official
communicate ms between different depart
ments, except as in this charter Otherwise pro-
vided, shall be through the heads Of depart
ments.
The charter commission devoted the
morning to consideration of the article on
q police court There was a bare quorum
present, with Judge Lewis in the chair.
The faithful members were Judges Greene
and Rochester, Colonel C. NJ. Sheafe. and
Messrs. w. r. Andrews. Young. Nixon
and Robert Calligan. The latter had to
submit to congratulations on his nomina-
ton as councilman from the Second ward.
He declared that his first intimation Of the
honor was when he read it in the Posr-IN-
TELLIGENcER, which paper, he remarked by
the way, he had taken since it was started
as the Gazette
A long discussion took place between
Judges Lewis, Greene and Rochester upon
the question as to whether the city had the
power to est ablish police court. The ar
gument was made that only the state could
create q court, but the conclusion was
reached that the city could. under its gen.
eral powers, make provision for such q
court.
Judge Jacobs came in while the discus.
sion was still in progress, and was asked for
his opinion. He said he had been in doubt,
but he rather leaned to the view that they
did have the power. The power had been
especially given to corporations of a lower
grade, and it seemed illogical that such
power should be withheld from cities of the
first class. Tacoma had adopted that view,
and established q separate court.
Judge Greene said the constitution had
delegated powers which could not be fur
ther delegated. but the use of the word
s'provide" made it clear to him that the
broadcast construction might be placed
upon it.
Judge Lewis said they could not confer
any power upon any court or define iuris-
diction; only the legislature could do that.
If he voted for that article it would be be-
cause he believed the legislature had Gre
ated the court and the city had the power
to take what had been provided by the leg
islature.
Judge Jacobs said there was no statute
that would give right of appeal or certiorari
to superior court, say of King county,
from the court proposed to be created He
believed they had the power to establish
the court il some way could be provided
for that appeal. He felt the necessity of a
court which should pass upon offenses
against the city, violation of ordinances,
and so forth.
Judge Lewis said he thought the legisla-
ture provided for that in the statute con-
trolling cities of the second class, and if q
city of the first class might exercise all the
powers given municipal corporations, there
could be no doubt of their power to estab-
lish such court
The reading of the article proceeded
Judge Rochester proposed to strike out
the provision that in the absence of CITY
Jail city prisoners might be put in the
county Jail, but Mr. Calligan said they
might find that very useful provision. 1t
was, however, stricken out
The article was put upon final passage.
Judge Greene will at the next meeting
call up for discussion his proposed section
providing for the organization of citizens.
1t is as follows:
Sec. =. General meetings of the citizens,
qualified to vote in city affairs. may from time
to time be held TO consult upon the common
good, to give instructions to their representa-
tives and 10 take all lawful measures TO obtain
redress OF any grievances. Such meetings
shall be called by the mayor, by publishing a
call therefor signed by him. in two consecu-
tive issues Of the city official newspapers upon
the request in writing of twenty qualified yo-
tiers OF each ward. II the mayor neglects or re-
fuses to call any such meeting, any three mem
bers OF the house of delegates or the pelice JUS
tee OF the city may, upon like request in like
manner call such meeting. The call shall name
some person TO preside at such meeting until il
shall be duly organized by choice OF clerk and
chairman. All proceedings OF any such meeting
duly certified by the chairman and clerk thereof
shall be deposited with and faithfully kept by
the city clerk. At such meeting the city by
affirmative vote OF two-thirds of its voters
there assembled shall have power TO repeal any
obnoxious ordinance. and TO make any ordi-
nance necessary for the public safety that CITY
council might make under this charter. and
any such action viii not be set aside or an
nulled by the then existing city council. Pro-
vided. that no ordinance shall be repealed or
made at such meeting unless notice definitely
stating the matter proposed to be repealed or
reciting the ordinance proposed to be enacted
shall have been published for q. least ten couse-
cutive days exclusive of sundays) next pre-
ceeding said meeting, In two daily newspapers
OF general circulation aud published in the city
OF Seattle.
FRUIT GOING TO WASTE.
A Great Crop on yashon Island. But no