The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-03-12
EIGHTEEN OR NINE?
Question as to Membership OF
the House of Delegates.
A WRIT OF MANDAMUS SOUGHT.
Difference in the Phraseology of Con-
stitution and Charter-Opinion
Of George Donworth.

A writ of mandamus will be applied for
today i'll the superior court by Edgar
Lehman, Democratic candidate for the
house of delegates from the Second ward
who received the second highest vote. He
will ask for mandamus to compel the
city council to declare that the amend
ment to the charter reducing the number
OF delegates from two for each ward to one
Tor each, was not carried.
1t is understood to be friendly suit
only, for the purpose of getting a case be-
fore the supreme court, in order to have
the validity of the amendments placed be-
yond all future question.
The point is raised on account of differ
ence in phraseology between the consttu-
ton and the charter. The constitution
SAYS that amendments to charter may be
made if, after certain proceedings, they are
ratified by majority of the qualified
voters voting thereon" The charter says
the amendments must be submitted to the
voters at an election and ST at such cleo
ton a majority of all the lawful voters
voting thereat shall by their votes ratify
any amendment etc.
If the constitutional provision prevails
the ratification of the amendments is be-
yond all question, but if the charter is to
be held as the authority, then the amend
ments did not secure in the election ma
| jority of all the voters voting thereat, I'M
less it should be held that there were two
separate elections-as there certainly were
two separate and distinct calls for cleo
| tion-and the votes on the charter amend
ments are to be counted only as the char
| ter amendment election.
| n,
! elect, being asked for his opinion, replied
| as follows:
| Not yet having entered upon the performance
! OF my duties have not given to this question
the consideration that il deserves, but l am i'm
pressed with the belief that the subject is OF the
! utmost Importance and should be met with eau
| tion. There are three enactments bearing upon
| the method OF amending the charter, first, the
state constitution; second, the act OF the leyis.
| lature approved March q, 1890, commonly called
the enabling act for cities of the first class and
| third, Article NX. 0. the charter itself.
| The main question is whether the method of
| amendment prescribed in the constitution is
| exclusive OF all Others. Ifit is. then the method
prescribed in the charter is supe-fiuors and
| void. The act OF the legislature mentioned
gave to such cities the power to provide in their
| respective charters for a method to propose and
! adopt amendments thereto. Our charter com
! mission had this law before them. but over
| looked the method OF amendment fixed by the
| constitution. | think IL the constitutional
Inethod is exclusive any amendment is ratIfi ed
| by ai0sity OF the voters voting on the nropo-
| sitou; but ii the method fixed by the charter is
| binding, then am inclined TO believe there
/ must be majority OF all the persons who vote
! ct the election for any purpose.
The question Is complicated By the fact that
/ several of the proposed amendments were not
/ passed twice by the council, but were CHANGED
on their second passage 50 as 20 lose their ideu-
/ tlty- Ibis point however, can have 10 force if
| the constitutional method IS the one to be Dur
/ sued On the whole, should think il safer 10
/ proceed on the theory that the amendments
/ have been ratified, and procure 8 decision OF the
/ supreme court as grly as possible
| II the council declare only nine memhe-s
| elected 70 tie house OF delegates. any of the
| nine rejected by the amendment can at once
/ bring mandsmus proceedings, ami no
| doubt the supreme court would advance
! the case SO that It could be decided next week
! before the term OF Office begins. I think the
| city should pay the expense OF such contest.
| as It Is vitality important TO have all doubt re-
| moved The pleadings can be so framed IS TO
! get decision all the points at once. and Is.
/ taoilsh the validity or inv4iiiity OF all the
| amendments
! The city council last night acted in &C
/ coTd2nce with this view, Edgar Lehman
/ acting as the plaintiff.