The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-03-20

applying the very hafDhcsS penalties OF the Law
without fairly allowing the corporation an
opportunity of complying with tho provisions
OF this act CHARLES Z. LAUGnToN.
Lieutenant Governor and Acting Governor.
THE AxTI-PISKEkrox BSLL4
herewith hand you, without my approval
Senate bill No ~, entitled IAN act declaring y
lawful 10 organize, maintain or employ - armed
body Of n1sn in this state. and providing pun
ishment therefor"
In my judgment this bill 10 unconstitutional,
and is legislation Of such character A. 70 JUS
tify the exercise OF the veto power OF the ex-
ecufive Of tho state, for the following reasons
viz: The rights guaranteed to every citizen ~
the federal constitution are perpetuated, OF
rather promulgated, by our state constitution IN
slrb-sections and OF article l OF the corstftu-
ton OF this state. containing the declaration OF
rights. Section 3 provides that mo person shaii
be deprived OF life, liberty or property witnous
due process OF law
Section provides that mo person shall be dis
turbed in his private affairs, or his home In
vaded, without authority Of law"
Section "a provides that "the right OF the fndi-
vidnsl citizen to bear arms In defense OF him
self. or the state, shall not be impaired. but
nothing in this section shall be construed as au-
thorizing individuals or corporations to organ
ize, maintain or employ an armed body OF men.
Section 90 provides that 1.-THE enumeration IN
this constitution Of certain rights shall not Do
construed to deny others retained by tho
people"
Under this bill citizen OF this state residing
upon a presumption. homestead or mining claim,
or at his home within any Of our cities, would
not receive notice that parties were about TO In
wade his premises ana home and take possession
Of the same. or If they should 30 invade the same
without notice and proceed TO dispossess him by
force, he could not organize, maintain, or EN-.
ffxrna
his family or himself, or to protect his property
There can be no mistake as TO the meaning OF
the expression ssbody Of men" The WORD
1body" means collection or number of persons
united for some common object tsee American
and English Encyclopedias of Law, page AID II
two or more persons should assemble they
would certainly be construed to be number
OF persons. Certainly If three. four. hve or
more should assemble they would be considered
a collection of individuals united for some
common purpose. They are therefore "body
of men," placing upon that term the interpreta-
ton justified by judicial authority Amerchant
having large commercial interests at stake
would be denied the right to maintain two OF
more watchmen for the safekeeping and preser-
walton of the goods, wares, and merchandise
stored in his warehouse.
This BILL therefore, would deprive citizen OF
the rights guaranteed by sections and above
mentioned. The bill Is also foreign to the spirit
and intent of the convention in creating section
- above mentioned, because the bill mo-
where, upon its face. expressly or by implica-
ton, recognizes the right & laranteec BY the
constitutional declaration contained in the first
two lines of section a.
There is another serious objection to the bill,
and possibly stronger one than that just men
toned. The rights retained by the people re-
ferred to In section so are the rights guaranteed
By the federal constitution. and also guaranteed
by the common laws aud other laws, written or
unwritten, which, as q whole, constitute the
laws of the land. Under the common law, which
is in force in this state, and under the general
principle OF law, which is recognized by the
legislative and judicial power OF every
Christian nation. every person or persons
are justified In resisting with arms or
other force capable OF causing death, any attack
or danger which is reasonable to presume will
result in death If not resisted; provided always
that the party attacked has no opportunity to
retreat Ii, therefore, q citizen of this state
should be attacked a. above indicated and had
no opportunity Of retreat he would be guilty Of
q breach Of the provisions of this act were he to
assemble about him two or more men for the
purpose OF forcibIy protecting the lives OF him
self and his family, and at the same time would
be doing an act which any court or jury in the
state would justify him in doing under such
circumstances, provided he had no opportunity
of escape from the impending danger, which In
the ordinary affairs Of life is frequently the case.
The clause in the bill for the forfeiture Of
property of . military character found in the
possession Of parties so assembled is certainly
unconstitutional. A person might lawfully
have upon him Q belt Of cartridges with are
volver, and he and those associated with him A
above indicated, might be perfectly Justified In
carrying the same under the circumstances "A
party OF citizens organized for the purpose Of
hunting game would be guilty of serious vio-
lation OF the law, subjecting them to unusual
penalties, should this bill become a law. In the
case above mentioned under this bill, however,
these arms being of military character, could
be seized by the officer arresting the parties and
confiscated without any recourse on the part of
the party or parties from whom they were taken,
and without he or they having the benefit OF
that "due process of law mentioned in section
for the purpose of maintaining possession of
his property.
Itwould seem that the intent OF the legisla.
ture was to enact valid law for the purpose OF
enforcing the constitutional provision contained
in the latter part OF section "a, article l, of the
constitution. In doing so, however, they have
neglected to prescribe proper limitations for the
purpose OF guaranteeing such constitutional
rights and have attached to the bill a clause for
the contiscation of property without due pro-
cess of law" which is manifestly unconstitu-
tional
For the foregoing reasons am obliged, there
fore, upon the ground of unconstitutionality, to
withhold my approval Of the bill, which, ii il
becomes a law, would, in my opinion, work
great hardship upon the citizens of this state
CHARLES E. LAUGHToN,
Lieutenant Governor and Acting Governor.
THE COAL TAX.
have this day signed Senate bill No. go, en-
titled IAN act to provide for the assessment and
collection OF taxes in the state of Washington.
and declaring an emergency" aud have ap-
proved of the same, with the exception of Sec
ton IS, which provides: -
1.-The owner or owners, or agent OF every coal
mine in operation in this state, or that may be
hereafter operated in this state, shall keep an
accurate account OF every ton of coal sold or
used from such mines, and shall certify the
amount thereof to the state auditor Quarterly.
on the LIST day OF January, April, July and
October of each year, and on or before the
10Th day of said month, shall paw or
cause to be paid into the state treasury the snm
OF four fD mills on each and every ton of coal SO
certified to the state auditor. Upon the refusal
or neglect OF any owner, owners or agent of anv
coal mine to make such verified statement. or TO
pay the tax as provided for in this section. il
shall be the duty of the attorney general of the
state to commence suit in the name OF the state
TO enforce compliance with the provisions
herein, and to collect the amount due, together
with all costs and attorneys fees incurred in the
prosecution OF such delinquent"
Section "A OF the same bill provides that SIN
vaiuing any real property upon which there Is 4
coal or other mine, or stone or other quarry, the
same shall be valued at such a price as such
property, including the mine or quarry, would
sell at fair, voluntary sale for cash.