The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1893-04-06
The Charters Compared.

your instructions TO me at the last regu-
lar meeting of the city council, to prepare
for publication q comparison between
the old charter, under which we are now
working. and the proposed new one. un.
der the general law for cities Of the third
class. have to say:
The subject Is involved In no little diff
ficulty. because Of the uncertainty of the
legislation, direct and amendatory of
the charter required for cities of the
third class. Many laws were passed by
the present legislature affecting munich.
palilies. some Of them with the emer-
gency clause appended. and 1t has been
impracticable for me to obtain the laws
relating thereto, officially promulgated.
at this writing.
The state constitution provides that
corporations for municipal purposes
shall not be created by special laws; but
the legislature, by general laws, shall
provide for the incorporation and CLASH.
fication. in proportion to population, o.:
cities and towns. which laws may be
altered, amended or repealed; and.
while recognizing the validity Of all
charters granted by the legislature previ-
Gus to the adoption of the constitution,
the instrument provides that cities and
tows heretofore o,ganized, may become
incorporated under such general laws,
whenever majority of the electors. vot-
ing at a general election, shall so deter
mine.
The trainers Of the constitution. how
ever, made an exception to the general
Incorporation of cities In classes, by re-
serving To cities containing a population
Of &c, 900 inhabitants the power TO frame
charter for its own government. sub
ject TO the constitution and laws OF the
state.
In the month Of January, 1886, the
founders of the city of North Yakima
procured from the territorial legislature
q charter, or. what amounts to the
same thing, a constitution, setting forth
the meets and bounds of the city limits
adopting the name of the city; and de-
fining certain powers Of the corporation
These powers were. for the most part.
such as are usually delegated to cities of
large populations, While this organic
law of the city may be defective in some
respects, there is nothing lacking in its
scope aud effect. which the legislature
may not supply by acurative act. Among
the general powers. there are some con.
ferred by the legislature of special
character adapted to the climatic and
geographical condition of the city, not
usually delegated aud for this reason
omitted from the charter for cities of the
third class. namely:
/.
In the charter of 1886, the trainers, rec.
ognizing that nature had paved the way
from the Columbia river to the sound,
for railway transportation. through the
passes of the mountains surrounding the
city and that. North Yakima, as popula.
ton should become dense in Central
Washington, would doubtless be a rail-
way center. provided clause giving to
the city power of eminent domain, carry
ing with it the right to purchase or con.
denim and enter upon and take any
lands within or without its territorial
limits. for public squares, streets, parks.
commons. cemeteries, hospital grounds.
or to be used for work houses or houses
OF correction or any other legitimate mu-
nicipal purpose: TO enclose, ornament
and improve the same and to erect neces-
sary public buildings thereon; and for
these purposes may levy and collect
special taxes, not exceeding one.fifth of
one per cent in any one year. This
right of eminent domain differs from the
powers delegated under the new charter
for cities Of the third class. in this. that
under the latter only private property
can be taken for the use of streets and
the like, whereas, under the old charter.
the power is expressly delegated, as in
deed II must be. to take any lands. pub
lie or private. thus including rights-of.
way over railroads. and no street could
be opened under the new charter. across
all 4 Ill
the legislature empowered the city SO
to do.
A popularity of the old charter is that
Its provisions cannot be altered or amend
ed by the legislature. under the constitu.
ton; hut the new charter can be altered
or amended at any time. by the legisla
tive authority, and that this is weak
ness which may become, in time. a men
ace TO the growth and progress of the
city, is seen by casual glance at the
act of 1880, providing for the reorgani.
cation OF cities of the third class. II Is
there provided that the city council shall
be composed of six members. but In the
act of 1891. amendatory of this PROVISION
II 10 declared that there shall be coun
Gilman at large elected, making
seven in all. because, as the
act recites in the cities enumerated
In the act of 1890. an even number of
councilmen have caused public business
TO suffer by reason of tie vote on bust
ness of importance and therefore an
emergency is declared to exist and the
seven councilmen are necessary at once
According 10 the emergency amendment
to the acts of 1890 and 1891 the present
legislature authorized the reorganization
OF cities of the 3D. class and following this
the members of the city council shall hold
Office for the period of two years from
and after the second Tuesday in January
next succeeding the day of election on
the first Tuesday after the first Monday
in December. provided that the first city
council elected under the provisions OF
the last act shall, at their first meeting
81 classify themselves by lot that three
Of their number shall go out of Office at
the expiration of one year. and three al
expiration of two years. What becomes
Of the councilman. at. large. the Legislature
does not inform US. and it is left to the
imagination whether he IS designed as q
life member or otherwise.
This hasty and ill-considered legisla.
ton has a counterpart in the passage oI
two bills by the recent legislature relating
to the assessment and collection of taxes
OF cities of the third class, to-wit: SEN
ate bill No. 237 and house bill No. 33l
Both were approved by the governor
March 0, 1893, the last day of the SEES
sion. By the terms of the two acts the
Office OF city assessor is abolished. The
senate bill provides that city assessment:
shall be made by the county assessor, and
the city taxes collected by the county
treasurer, but the house bill makes it the
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