The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-01-28

MAKE ali OF The proceedings 1A[mD1lZe Win the
provisions OF the charter.
Section :, article 1, makes majority of either
House quorum. quorum OF n legislative
body. under the accepted rules of parliament
arr law has full powers of legislation unless its
powers are limited by constitutional or charter
provisions. Ii Is the legislative house. IL has
and can exercise ali the powers given 10 that
house by constitution or charter. The above
statement is elementary and fundamental But
the powers OF quorum may be limited or re-
sfSicted-this is conceded constitution or
charter NAV provide that before an act or ordin-
suce shall become Law Ii shall receive the vote
| OF majority OF al the members elected to that
| body, or two-thirds three-fourths vote OF
the same, or that it shall receive certain num-
Der named said number being more than ma
ioEity Now, this IS not doubted, nor = the
| provisions doubted. But the serious question
is, has the usual power OF q quorum been
limited and restricted BY section II OF said
article s7 give the section in full:
NO bill shall become ordinance unless, on
| its final passage in each house, at least ma
| the votes shall be taken BY yeas and nays and
| the names OF members voting for and against
| the same be entered in the journals"
Let rs analyze Its provisions: "NO bill shall
| become ordinance unless on its final passage
/ in each house." What is d house in the sense
| here used2 In my Judgment ii Is an organized
/ body having legislative powers. Is il necessary
/ that every member OF that body should be
| present before such powers are possessed?
house could exist without the presence OF all its
make the body a legal house. then the charter
/ provides that majority OF ell the members OF
an ordinance. Ii does no. say majority OF all
/ the members elected 20 that house, bat
ms 50rity OF sill members of the house shall
vote III its favor. A quorum being legal house,
majority OF the quorum is majority OF the
house. There are other expressions In this
j section II, which in my Judgment lead
10 the same conclusion 'And the vote
be taken by yeas and mars, and the
names OF the members voting Tor and
rsx- et.. Is
Now, fair construction OF this clause sustains
the construction stated above. The require
meat to register the names OF those voting and
how they vote con have 10 other intent than 10
show how the members OF the House, or in other
worcs. how majority OF the quorum voted. IL
! i majority of these voting which is shown By
the registry The presiding officer is to deter
mine frOm the record how the vote OF the house
stands The yeas and nays must be recorded, il
is the record OF the yeas and nays that deter
mines his Judgment. OF course, this is on the
superstition that legal ''house" is present and
the members thereof vote The opposite view
requires the presiding ofEcer not only 10 look 10
but 10 take into consideration other facts before
lie declares the result.
Ny conclusion is that quorum under the
general rules OF parliamentary law possesses full
legislative power | coacede that this power
may be limited or restricted by constitutional
orstharter provisions, bat such restrictions or
limitations mast be certain or clear in their
statement and i'm peratiye in their obligation.
/ the general rule prevails. Whatever may have
been the intent OF the members OF the free
holders convention on this point whether to
limit the power Of the quorum or not, do not
knew. II 70 restrict, / certain they have not
Clearly expressed il, hence the general rule pre-
walls
The caution manifested in this decision by
your honorable president was no doubt designed
20 De IN the line OF safety. and such exhibits
eommen2ble desire 10 enforce all the restraints
imposed by the charter.
Ar. Bagley disagreed with the views as ex-'
pressed by Judge jacobs.
A joint resolution declaring that the ruling OF
the chair was an error was brought up for third
reading.
Chairman Jones said that this matter had
come 20 the point when il might be expected
that he should say something. He did not
wish TO be understood as standing in opposition
To the corporation counsel, but he had inter-
viewed most OF the leading lawyers OF the city,
including members OF the charter commission,
and he had found not one who agreed with the
corporation counsel. He gave notice that he
would DC compelled 70 hold 70 his own view
and leave the responsibility Of its further con-
ftruct1on 10 tie house itself. lie said this
merely TO define his future action, and the
members OF the house could govern themselves
accordingly.
To make test. Mr.. Bagley said that he would
move that hereafter ii should require nine votes
10 take final action On any matter OF the kind
under discussion. The motion was seconded by
Mr. HorfOrd.
Nr. Muldoon said that this was matter of
great Importance. as il affected number OF
ordinances already acted upon.
The motion vas withdrawn, and the CON-
munieaIien was placed on file for further refer
ence-
The resolutions passed by the Chamber OF
Commerce referring TO the disposition Of school
lands by the legislative efmInittee, which VIII
meet here during the week were read and placed
On file for future reference.
The HEALTH ORDINANCE.
The board OF aldermen reported that they had
rejected the health ordinance, which the dele
gates devoted whole evening 70.
Mr. Halfo-d said that ii would save time and
expense 20 tie taxpayers of this city ii every
matter would be referred first 10 the other body
The house was indignant and the clerk Ess
Instructed TO ascertain IRON the board their rea-
son Tor not passing the bill, and also that the
vote De Endorsed.
bill shall be received or rejected only upon
third reading, and Il xas sn impossibiiiEy that
this bill eosld have been read in less than two
h0urs and bait II IL had not been read il Was
no. legally re5 eeEed.
Continuing he said that Il was getting down
10 fight between the two bodies. and that he
thought the public should be the judge OF which
house OF the council was doing its duty, and
which was wilfElly wasting the tinle OF the tax
payers
his ordinance had Deen prepared By the
health department a. a good deal OF expense
Ihe delegates ealled special meetings and con
selsE-Dslsiy went through the tiresoIne duty
d Passing O. rejecting the ordinance az pre-
scTlhEd BF the charter, and, was stated, they
naturally felt that they mad not been treated
with the consideration due t1eTa-
The communication vas then sent into the
bosre for answer % the inquiries
COSTS IN SUITE
The Judiciary committee submitted a sub
stiiute ordinance fOE the one allowing sum OF
money 70 the corporation counsel 70 pay c0sts
Of city eases. The substitute appr0priates 800
Ter month for disbursements Instead OF con-
polling TIRE corporation counsel = attend 10
ire Disbursements The ordinance vas passed
on third reading.
WAITE BONDS.
Joint resolution NJ. g, authorizing Mr.
Gardner 10 s.gn a Certificate Of necessity 10 he
Forwarded % Harris < Co, and that Harris ( Co
( b assed again for 5000
The rules were SUSPENDED an1 the resolution
passed OF iHira reading and signed b. the chair.
wAEEs OF ENPLoYES.
Joint resolution No. "a was read. Il provides
{ that g3e wages OF city woEkmen b paid n war
SUSPENSION Of the rzllss i was passed OF third
reading.
ESGESzEgs' PETrTIos.
Prom boa-d u woTzs, referring protest of
/ Brotherhood q Locomotive FireInen thst Ger
( tain railroad COMPANIES are running their en-
giues wtthoUr frssnel- This i the petition
which includes threat that they are strong rs1-
tlca ESr1 no plGes IL This body. Mr. Barton said
that tas ECz 1lH. o. tbs petition was BOT author
+. .Zl and asked the EtEneut OF coE1 nliEfee
Il UaS the gensr4l opinion that the petition
i was IN pertinent. even although the object was
good enc. B0tA Mr. -hiFiey and Mr. GuI1o0a
refused u act upon tbs petition IS presented, Il
L reieYrs 10 the c8ElEsiItee q corporations
The petition vas referred back 70 tie seBGers,
ard IL. Baron VAS appointed e cgLaL1Ll1ss 70
sxP.G4n tie Fs&soa therefor.
COMMUNICATIONS
Communicates were received from Judge
jacobs advising a. s1s1EEeut Of SIT brought By
1 NJ 9iehalkafZski agas2Es the city for damages;
/ reecmrae1dsFlsE was adopted aad committee AZ