The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-01-19
rag vKw emAETKK.
TIE Law ~ the Case Censldered-Ns-
eesssfy - Aestzx Promptly

eesslfF - ArstzE Pr0snpSzg-
sEArTxx. g4a. =, Issa
To rMx KnsyoK. Araerg fae nsany s1kssets
rox erxnxfnxgse pabstc wiBd i fte frauins -
req eharser aoT this cstT unaer the prgvisscns
OF seesSca ~ % srxtgie II Of ths constitution.
There seems 70 fs great diversity 81 0sin1er in
reeara = fne esurse % he parsaea 10 crdsv 70
ooexin szsss mueA Desired rssHIs This e'nsiet
% opiuson arises Erom rot prxsarxlSg TIE dis
ftEessoa clearly 4vAEu hy the rcnszi4uf5on Dr.
tween cities ard fowns containing less than ~
500 fnheh&tsnss, which nn1kr tie constitution
anss osgHnize usser general las and those
eon calming 21.0oo sahnbffaasz or mere. which %
kAe c5nslfsufsen ase permitted - fE&ma Achaxgef
Scr their owu government
FOR she purposes es snis Artfese viii assume
that this elty cuasafns population "a excess 81
79noa which viii 30 realty ccacste1 hy AIRY
person who Il not citizen % Tsoosna- Let -
take 81 thas portion Of section 1o Of article II
including &a6 Immediately preceding TIE words
s3eueFai law - follows: Corporations Tor
municipal purposes shall not Sc ereated by
special lave; bat fhe Legislature b. general
lass SHALL provide for ths incorporation. ergaD-
issfian &nsi classification Ia proportion 70 poPa-
izFion. Of elites a. towns. which laws may be
altered, amended OF rppe4ied.
Cities Rnd towns here sofoTe organized or In
eoTpofated mas become afgaHiEed under such
general laws Whenever toritT o. the electors
voting 81 q general election. shall 80 detesrnins
cities or towns heretofore or hereafter oggan-
ized and all charters thereof frRmed Or
adopted By authority el this constitution
Shall he 9n1iect 20, aH1 controlled
By general laws" II the provisions Of section
10 e. Shore quoted APPLY 70 eisses Of 2eaoo Or
m0re. th"ee things are necessary % tie oFgant-
xation 81 snch cities organized prior 20 the
adoption Of the constitution: First. The lee'sla-
tsre mast pass a general law for the inncFposs-
ton og cities and towns second, A majority OF
the electors. voting Is = general election must
determine 10 organise In conformity herewith
Third. Organization.
IL VIII be aeea at cRrssry glance, that II the
above quoted provision applies % cities OF over
20ege Inhabitants new charter cannot be had
OF framed until after the next general election,
At which tine the question Of organization must
be submitted 30 the electors Of this city.
When We take into consideration the proyis-
ions Of section 10 in regard 70 cities containing
population If 1000 or more, we must al once
conclude that the provision above quoted hss
no application 90 cities OF this class The con-
sfifutIon says. "Any city containing popnla-
ton Of 900 inhabitants or more shall be per
misted 10 frame . charter for Its government
consistent with and subject 70 the constitution
and laws Of this state, and Tor such purpose the
legislative authority Of such clty may cause an
election 20 be held, at which election there
shall Be chosen By the qualified electors OF said
been residents of said city for a period OF at
at least two years preceding their election, aud
qualified electors whose duty IL shall be 70 con-
vene within ten days after their election, and
prepare aud propose charter Tor saeh city
Such proposed charter shall be submitted 20 the
qualified electors of such city. knd II majority
Of said qualified electors voting thereon ratifs
the same II shall become the charter q said city
aad shall become the organic Law thereof and
sapersede any existing charter including
amendments thereto and all special laws lncon-
sistent with said charter Said proposed char
ter shall be Published In tive daily papers pah-
lshed IN said city for At leaAt thirty days prior
- the day Of submitting the same 10 the electors
for their approval ~ above provided
"Aii elections Ia THIS section shali only be had
apon nosice, which notice shall specify the
object OF calling such election. and shall be
given at least ten days befor the day of election,
ia ali election districts OF said city. Said cleo
ton may be general special snd, except as
herein provided, shall be governed by the law
regulating and controlling general or special
elections in said city. such charter may be
amended by proposals. therefor submitted BY the
legislative authorities OF such cities 70 the cleo
tors thereof at any general election after notice
OF said submission, published 81 above specified
and ratified by ms1ority Of the qualified electors
voting thereon. In submitting any such char
Ter or amendment thereto any alternate article
al the voters and msy be voted on separately
without prejudice 20 others" IL IL contended
hy some that constitutions are never selfexeeu-
tive. but nevertheless there are some exceptions
20 this rule. Il Is however. not necessary %
invoke the aid OF an exception in this case. IL
is not necessary that this provision be active; is
is sufficient III it be permisssFe. Aud, again this
rule that constitutions never execute them
selves, but require Legislative AID Ia their exc
eusion, applies only 70 that class Of cousu u
lions that are content with declaration OF
rights. Our constitution is q peculiar doou-
mens. II is not merely declaration of rights; It
IS bFimming Ger with organic attachments. The
constitution not only declares that .'cities con-
tanning a population OF % 000 inhabitants or
more shall be permitted 20 frame charter for
its government bat points out the manner OF
is adoption.
The legislative authority of any city of this
eisss Is given permission TO call sn election. ard
Il is not necessary in order 10 carry this provi-
sion into effect that toe legislature re-enact the
constitution. II 10 eonteaded by some that II
will be necessary 70 submit the proposed charter
to the legislature for their sppfevsL This Is
also mistake. IL viii desolve upon the courts
Of Washington to say whether the charter OF the
ordinances enacted by viFtus thereof are in CON
hiet with the e0nSsl tuition and ghe general laws
ef this state. II the position be srae that the
Legislature must act before the city eonaeil can
/ call this special election for the purpose Of
/ electing fifteen freeholaeFs 90 frame q charter
il Is also true that majority 81 the electors Of
/ the eftT OF seattle must 81 the next general
/ election vote 10 organise under sid In conform.
/ tty with such general laws the Legislature nav
/ enact Affair." such election shall have been held
and the question OF organization under the
/ general laws shall have been decided in the
/ Affirmative, i viii reaslso ten days % call tire
steeisl election. ten days after the election ios
tAs fifteen perseus 50 elected 20 convene, thirty
DAYS ks least 10 ftsme charter and thirty dsys'
publication IN two eaiay papers prior 20 the SAP.
mission ol sueA proposed charter g. the electors
I for their approval II this course Is followed
/ tAe seses viii Bet only hleons again. bat the
I hoys be cosstiag on their sleas heiore rhastes
j. adopted.
/ Let the council determine hy the lass census
shat this city contaims she pcpai&sgaa 81 s1eoa
Inhabitants OF more. and Their eaase an election
20 ~ ae3G sos ;as purpose Of Nlecsing etseen
fsceisolders - frane ehArssr. a. 81 watch can
+ Dc ieae ss the next rsgwlag meeting ana Is viii
he wishin beth tho suirit and tie ieseg OF ne con
st5tas&oa. 1oBN WfLgY
GENERAL STATE NOTES.