The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-08-13

xsnlze by the election OF sspresident, yico
president, secretary, treasurer and an executive
commtttce Of nine; ten members Of the COM
mission shall constitute quorum
The powers and duties of the commission are
vel defined, to-wit: BY section 2, power TO
make rules and regulations for its own govern
mentand the government Of the executive COM
mftfee. By section 4, authorized and d.
xecfed TO appoint an Executive commits
Gfoner" and fix bis salary at not more than
$I5o per month and to supervise his acts. BY
section shall have charge OF the interests OF
the state and its citizens in the preparation and
exhibition OF the states exhibit at the fair;
uhall communicate with the officers of the state,
and obtain and disseminate information, and In
general have full authority in relation TO the
participation Of the state and fits citizens in the
expositicn: and TO forward all mineral collect
tions and cabinets belonging to the state, and
have charge OF them; per section 2, shall make
report from time to time to the governor OF lts
proceedings and expenditures, and per section .,
shall make acquisitions on state treasury LOT
Funds, with estimates of the expenses, TO tne
payment of which the money is TO be applied
The powers and duties of the executive comInis.
eioner are also well defined, per section OF
NE act: HE is authorized and required 20 as
sumo aud exercise, subject to the supervision OF
The scommission,' ali such executive powers
and functions a. may be necessary
g secure q complete and creditaDie
oxpositfon, and as the executive agent OF the
oommission he shall have personal charge OF
the solicitation, collection, transportation, ar
kangement and exhibition OF the objects sent
under state authority or individuals 10 the ex-
i position: and he shall report 70 the commission
monthly. "No special duty OF the president is
defined, save and except that by section 1t
q provided that he shall sign all requisi-
lions OF the commission on the state treasurer
Cor funds. Nor is there any other duty enioined
% the secretary save that OF signing such requi-
oftions. The treasurer 10 required to give bond
! for the performance Of bis duties and to receive
funds from the state treasurer. so IL
VIII be noticed that no powers whatever
ore given TO the executive committee, save to
oxpend 5000 per year for their expenses. AS
& uuredly tho executive committee can exercise
no powers which are conferred on any other off,
or or body, nor can the commission give 1t any
such powers. The commission as we have seen
has full authority to act In ell matters in rela-
Sion TO the states exhibit, and the commission
nlone can supervise, that is to say, oversee. di-
rect, superntend and inspect the action OF III Q
executive commissioner. The executive COM
m3ttee has nothing TO do with the executive
commissioner, nor with the collection, solicita-
uon, transportation or arrangement of the ex-
Aibits, for he il under the direction
Within the law OF the commission.
The commission constitutes the "powers that
be"-defned powers. While IL is not a corpora
Non, 1t acts as BODY corporate, with its several
+ members as a board of trustees, any ten of
Whom constitute quorum. II can create no
oRces, for that power is for the legislature, and
- the whole power under the law is vested in
che commission, the executive commissioner,
che president vice president, secretary and treas
urer, there il nothing left for the executive COM
m1ttee to do, unless it be to appear on "dress
parade" and expend 8. 600 OF the peoples money
Tor expenses. As the duties of the officers
49, - - x~mt..
vice president, secretary and treasurer,
ole not defined, they may exercise all the pow
- not inconsistent with the provisions of the
oct which are ordinarily exercised by like
oulcers. As to the finances: they are placed In
che hands OF the treasurer of the commission on
It, requisition and can lawfully be paid out only
on the order of the commission. The only
f Quties OF the secretary would be to keep a min
ute OF the proceedings of the commission,
intend to its correspondence, sign acquisitions
! and warrants and keep the accounts Of the COM
Mission with the treasurer. The Office of press
egent IL not warranted by law. The
expenditure at the rate of $500 per
month for press agent and secretary is simply
shameful incorporation of the funds As
well might the Offices of legal adviser, physician
and chaplain to the commission be provided,
and with the Light we now have no doubt the
latter officer would be useful. The expenditure
Of $500 for strip TO Chicago"--what for? Who
&
oould not be any necessity for such trip save
~ tie executive commissioner. No funds can
lawfully so from the treasury except on the
order OF the commission and for the purposes OF
the act. Let the people know who received
9hese sums and give us q bill Of items. The
schaf" must be blown away, and the commits
Non and its executive commissioner, under
4n supervision, must take and have
full charge of this matter, as was
intended by the legislature and people. Let the
funds appropriated be used with judgment and
oconomy for the purposes for which they were
Intended and we will have an exhibit at Chi
cago OF which our people win be proud. Let us
al let US know what YOU are doing and how
yon are expanding this money with which the
people have Entrusted you.
But has the commission been legally organ.
tsed7 Are its acts SO far valid?
The law was passed March T. 1891, and has no
emergency clause. BY the provisions of the
constitution no law Except appropriation bills"
shall take effect until ninety days after the ad-
journment OF the session; unless in case of
emergency, which must be expressed in the pre-
ambie or body of the act tartiele .. section BY
This act la most assuredly not an "appropria-
sion BILL" although il makes an appropriation.
Its object Is fully stated in its title. To be an
appropriation bill" within the meaning of the
constitution Its sole purpose should be to APP
propriate funds. An example Of such bill will
BE- found on page 2Is, laws OF 1891.
This statute, therefore, creating and defining
the duties OF this commission and its officers
did not take effect until ninety DAYS after the
adjournment OF the Legislature, hence until that
slime there was no commission: none of its men,
beers had power to act until the law was in oper-
ation, hence they could hold no meeting until
after the law was in force, and the meeting held
By them March 25, 1891, at which an organiza-
tion was made, was wholly void, and the COM
,nittee Is not ms yet organized don't think
that the commission was compelled to meet
within twenty days after the law took
Uhect; the place, however, ia fixed:
4t shall meet at Olympia and
should meet within a reasonable time and as
no person is by the law specially authorized to
call the meeting, | am of opinion that any
member OF the commission named in the statute
can make the call, of which all the members
should have notice, and when duly assembled
the commission can proceed to organize, as pro.
yfded by law, and proceed with its work, and
whatever funds have been fairly and honestly
can be allowed and paid, although not technic-
ely legal. J. X. LEwIs.
RRoM TACOMA ATTORNEY.
Mr. E. Meeker, puyallup-Dear SIR: ReplyinC
. your communication OF the 10th lust, re-
uuesting my opinion as TO whether the act "to
Drovide for the collection, exhibition and main
tenance OF products OF the state of Washington
q the Worlds Fair Columbian exhibition, and
naking an appropriation therefor" can take
efEect prior 20 ninety days after the adjournment
q the legislature which passed the said act, /
|would say that have carefully considered the
nueetion submitted, and in my opinion
{hc set referred TO Is not an "appropia-
don bin" within the meaning of that