, 1892-04-16


State ex rel. Va. P. Wiesenthal, VS.. D. T.
Denny ct al.
No. 552, filed April 8, 1892.
The constitution, Art. XI, sec. 10, pro
Yides that the freehoIders' charter of any city
of the first class may be amended by propos-
ais therefore submitted by the legislative
thority Of such city to the electors thereof
at any general election, after notice of said
submission published as above specified
(WBde VS. City of Tacoma), and ratified by
majority OF the qualified electors voting
thereon"
Subdivision So of sec. 52o, Gen. Stats,
contains the only legislative reference to
such amendment by enumerating as among
the express powers Of such cities, the
power: "To provide in their respective
charters for method to propose and
and adopt amendments thereto"
Sec. Of Art. Xxx of the charter Of the
city of Seattle is as follows:
Section l. Any amendment or amend
ments to this charter may be proposed in
either house of the city council, and if the
same shall be agreed to by not less than
three-ffths of the members of each house,
such proposed amendment or amendments
shall be entered upon the journal Of each
house, with the yeas and nays of each
house thereon and shall for ten consecu-
tive days Excluding Sundays), beginning
with i've days next after the pass
age thereof, be published in the city official
newspapers, and shall, not less than sixty
nor more than ninety days after the first
publication, be again submitted to each
house Of the city council for passage, and
pursue the same course before the council
and mayor as is pursued by any ordinance,
and if, upon such resubmission, the same
be agreed to again in each house by not
less than three-6fths of the members
thereof, and be not returned by the mayor
with his objections, or be passed notwith-
standing his objections by not less than
posed amendment or amendments shall be
submitted TO the qualified voters of the city
for their ratification at the next general
election, or at a special election to be called
for the purpose by the city council before
such general election, and if at said elec-
ton majority Of the lawful voters voting
thereat shall by their votes ratify any
amendment so submitted, the same shall
become a part of the city charter, and
shall, five days after such election, be by
the mayor, in proclamation published i'll
the. city official newspapers, proclaimed a
part thereof; provided, that if more than
one amendment be submitted the same
shall be submitted to the voters at said
election in such manner that they may
vote fol or against each amendment sepa-
rately, and that the city council shall cause
every amendment that is to be submitted
to be published for at least thirty days
(excluding Sundaysl next preceding such
election in the city official newspapers"
Section |, Article Nv. of the charter pro
vides: 'sThat the legislative power of the
city Of Seattle shall be vested in mayor
and city council, which shall consist of
two houses, namely, the board of alder
men and house of delegates"
Sec. 13 of said Article 4 provides, among
other things:
Every legislative act Of said city shall
be by ordinance "Any ordi-
nance may originate in either house, and
when it shall have passed one house it
may be passed, amended or rejected in the
other"
In August, 1891, the said city council APP
pointed commission composed of citizens
and business men of said city to frame and
submit to 1t propositions for amending the
city charter IN such particulars as they
might suggest, and in accordance with
such request said propositions were framed
and submitted to the council.
On October Both, 1891, the said proposed
amendments, numbered one to nineteen,
were first proposed in the house of dele
gates, and proceedings were thereupon
had, resulting in the passage of the same
by said house of delegates. Thereafter the
board OF aldermen duly passed the same.
Proposed amendment No. 2 is the prin-
cipal subject matter of this suit, and the
same as proposed to the city council, and
as passed and published, is as follows:
proposed amendment No 2. a propo-
sitlon to amend sections three (3), five (5)
and seven (7) of Article " of the Free
holders charter, adopted October LIST, 1890:
Resolved, That section of Article Nv
of the Freeholders Charter be amended SO
as to read as follows; Sec. 8. At the
general election in 1892 there shall be
elected in each ward in the city one mem
Der of the board Of aldermen and one mem
ber of the house of delegates. At the gem
eral election Of 1892 the five members of the
board Of aldermen receiving the greatest
number of votes shall hold Office for four
years, and the other four for two years.
and in the case of a tie vote the length of
the terms shall, at the first session and be-
fore transacting any other business be de-
termlned by lot. at each subsequent gem
eral municipal election enough aldermen
shall be elected from the respective wards
to succeed those whose terms are about to
expire, and the aldermen so elected shall
hold Office for four years.
The members elected to the house of del
egates shall each hold Office for two years.
Each member of either house shall further
hold office until his successor is elected and
qualified.
Each member Of the city council shall
have an annual salary of three hundred
dollars, to be paid monthly. Provided,
that after the population of the city shall
have reached the number of $4,000, as de-
termined by an official census, such salary
shall be the sum of six hundred dollars
per annum, payable annually. deduc-
tlon Of five dollars shall be made from each
members salary who shall be absent from
any meeting of bis respective house, unless
said member shall certify on his honor
that said absence was caused by illness or
unavoidable absence from the city at the
time of the meeting.
Resolved, That section s, of article 4, of
the F'reeholders' Charter, be amended to
read as follows:
Sec. 5. No member of either house shall
hold any other municipal Office, or be an
employee Of the city or of either of said
houses, or be interested in any contract
with the city, or with or for any depart
ment, Institution, board, officer, agent or
employee thereof.
Each member upon taking Office shall
make and file in the Office of the city clerk
an oath that he will faithfully comply with
and abide by all the requirements of this
section, and the violation of any Of the
provisions of this section shall work for
fefture of his mem bership and warrant his
expulsion from the house in which he be-
longs; Z gEssolved rb.t section y ar+io,. i
the Freeholders' Charter be amended so as
to read as follows:
Section 7. The house shall meet in a
separate chamber. A majority of either
house shall constitute quorum, but less
number may adjourn from day to day, or
till the time Of the next regular meeting,
and may compel the attendance of absent
members in such manner and under such
penalties as each house shall prescribe for
ITSELF
ga quorum Of each Of the two houses o1
the city council assembled in Joint eonven-
ton shall be quorum of a joint conven-
ton Of the city council'
There were nineteen Of these proposed
amendments, of which Nos. 4 and IL failed
to pass the second consideration of the
council, and were not submitted in any
form. A part Of the others, without any
amendment or alteration, thereof bein9
made nassed each house Innn- such recon