The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-08-13
Opinions on the Organization
of the Commission.
WORK ALREADY DONE VOID.
Treasurer Collyer Declines to Publish
List of Expenditures.
Kentuckian Appointed and Confirmed
as Chief of Horticulture Mistakes In
the Buildings Chinese visitors-rhs
European Exhibits.

OLYMPIA, Aug. 12.-[Special. Attorneys
General Jones has prepared an opinion on
the question whether or not the Worlds
fair Law took effect upon its approval,
which he will tomorrow transmit to Presi-
dent Blalock mt WalIa Walla. The attor-
ney general holds that the law did not
become operative until June q. In sup
port of the proposition that the law iii
question is not an appropriation one
within the meaning of the constitution,
he calls attention to the reason for the
provision that only appropriation laws
shall take effect Immediately after the pas
sage thereof. He states its purpose to be to
give the citizens Of the state an opportu-
nifty to become familiar with the new stat
utes before they go into force. An appro-
priation bill, pure and simple, does not
enact new legislation beyond the mere act
of appropriating; it simply provides
money for carrying out laws already in
operation. The reason for the notice,
therefore, does not exist. If it should be
held that an appropriation clause in any
manner causes such measure to take effect
upon its approval, then the constitutional
provision could be overridden. That the
legislature did not consider the act an APP
preparation law is clear, the attorney gen.
eral argues, from the fact that emergency
clauses were inserted in the horticultural
law and the Colville Indian census law,
both of which made appropriations to
carry their provisions into effect. He cites
the law creating the agricultural college
commission in support of his reasoning.
That law contains an emergency clause.
An item of 81 900 to carry out its purpose
was inserted in the general appropriation
law. II, by the insertion of that item in
the agricultural commission bill it would
have been made an appropriation bill.
why was it not put in and the emergency
clause omitted?
In reference to the argument that under
other laws having no emergency clauses,
but containing appropriation sections, the
officers acted prior to the expiration Of
ninety days from the date of approval, Mr..
Jones says if the officers SO acted that fact
is not material in determining the case in
hand. He says that if the provisions Of
the constitution have been violated in the
instances referred to, that furnished no
reason why the mandate of the constitu-
ton should be entirely ignored. In
illustrating the sense in which
the word appropriation" is used
IN the constitutional provision
referred to, the attorney general cites the
Interpretation given by the federal courts
of the word revenue in the provision of
the constitution of the United States
which requires that all revenue bills shall
originate in the lower house of congress.
1t has been frequently held that this
clause only applies to bills which are de-
signed purely to raise revenue. In a
number of cases, notably in one affecting
the law to create the postal money order
system, it has been maintained that ir
being only an incidental purpose of the
laws in question to raise revenue, such
laws were not covered by the constitu-
tional rule.
The attorney general concludes:
1t is apparent that the main purpose and ob-
ject of the act in question was to create cora-
mission and secure the proper representation Of
this state at the Worlds fair. The appropfta
ton therein contained was a mere incident -
the main purpose of the law and only TO pro-
vide for the carrying into effect OF Its provisions
The appropriation might equally as weu
have been made in the general appro-
priation bill, as was done in the case
of the agricultural college bill, in which case
no one would contend that the act went into eff
feet until the expiration OF ninety DAYS after the
adjournment OF the legislature, and do not
think the appropriation has avoided the provi-
sons OF the constitution simply because il is in
eorporated in the bill.
For the foregoing reasons 7 am OF the opinion
that the act OF March T. 1884, did not take effect
till the expiration of ninety days from the date
OF the adjournment of the legislature. and that
all acts done by virtue of its provisions prior 70,
the expiration OF that time are without authors
ity of law. 4