The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-06-13

The charter corn uasssiUa - 20 much N
Doubt upon N important point II rs task
that Il has resolved 70 discuss the question.
. Has the city cf seattle the power 70 ffs
N eflIce b. any other means thaa By cleo
tsoz 20 Il Is understood. Of course. that
The question Is raised uaier the provisions
upon which the charter must b. framed.
Tie douhs arises because there is not .
word IS 70 appointment or eppoinsive Of
6cesor officers either in The constitution or
Ia the &C. OF the legislature under which
the charter commissioners are acting
Legal seumen Is to be broushs TO hear
upon The qsessson. but IL viii puEae lar
men TO account for possible condition
under which q city OF the frss class. having
over A.l0o population. and : particularly
special charter OF is own. did not have as
wide range Of choices a. = town OF aDI
population which has st iesst the privilege
OF appointing instead OF esecling : dog
catcher.
The constitution says that .'any city
containing population Of t~enty thous-
ard inhabitants or more shall be permitted
to frame . charter for is own government
consistent with and subject to the const:-
luton and laws of this state /" That Is the
only limitation named by the constitution.
The general municipal Law (chap. 2 sec.
y says cities Of the first class shall organise
suneer the Laws relating to cities author
szed TO frame and adopt their own char
terss and in chapter I. section /. it says,
according 70 the law providing for the
government of Cities etc.
The enabling act OF 1880. under which
the commission IL acting. in no place spe-
cifealiy provides that ell Offices shall be
elective and none appointive. The infer
cnce il possible only from the application
contained in one or two incidental allu-
sions.
Section says any such city may frame
charter for is own government" which
seems liberal enough. Passages which
may be regarded as restrictive are found in
section 5. which provides ''for general and
special elections for the election Of off,
GERS" and In section which says the leg
isiative powers OF the city shall be vested
In mayor and council. and together With
such other elective officers as may be pro-
vided for IN such charter. shall BE- elected
at the times and in the manner and for
such terms as the charter prescribes, .spro-
viied that the first election OF oficers to
serve under the provisions OF said charter
shall be held at the time OF its submission.
II only elective officers were to be named
by the charter it would seem superfiuons
to use the word elective" Unless it was
presumed that there would be both APP
pointive and elective officers, it would
have been sufficient to say 1.-THE mayor and
council and such other officers as may be
provided for in the charter
The municipal law passed at the same
session recognizes the appointive power in
municipal government for cities Of the
second. third and fourth class.
In chapter 5. article /. section ?, relating
to cities of the second class THAT is, be-
tween 10000 and 10000 population) it is
provided that - chief Of police shall be
appointed" also that 1.-THE city council may
eject" certain officers. and "any other Of
ficer Tor whose election or appointment no
provision is made" In section 6. the
distinction is made between ssuch officials
rs are elected by the voters and s.such
officers as are elected or appointed by the
city council.
cities of the third class tchapter 8, ar
ticle 2. section 81 elect certain officers, but
the city attorney. marshal, city clerk and
street commissioner shall be elected by the
city council who may. also. s.in their dis
erection, appoint . poundmaster and city
engineer" Here. again. no distinction as
TO words Is made between election BY the
elected authorities and appointment by
them.
In cities of the fourth class 1t is spccifi-
calIy provided tcharter Z, article l, section
81 that THE council shall appoint mar
shal and clerk, and may appoint an
attorney" and several other officers.