The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-05-20
THE STATE LAND CASE
Argued Before the Supreme
Court at Great Length.
JONES. POSITION uMTEMAeLE.
II Ne fnvslsdates shs Lss1 CS00Sssssa
Bnl He WnI Upses . Large xsa-
bsr % Oshss Laws.

OTAF1A. Nay Ls-~tEf<SaAa. - os "'o@s
important constitutional questions yet
raised in Washington occupied the stsen-
ton of the supreme bench the entire day
In the case Of the state ex rel Thomas N.
Reed ". the Attorney General This 10
mandamus proceeding, the decision OF
which involves the fate Of the ststs land
commission. The Arguments were
concluded this evening and the
matter taken under advisemens- AZ
nearly, II not quite. 30 author
tiles have been cited, IL follows that
She coust will BE- SLOW 20 reach decision
II this tremendous macs Of pseceaents and
opinions il 10 b digssted. should the
court uphold the action Of Attorney Gen.
sfai Jones and thus overthrow the land
commission Law, the logical consequences
Of tho decision will 10 to open the doors
for tho subversion Of great number OF
statutes passed by methods equally lax
and insufficient ~ those which, IL 10
charged by Mr.. Jones. invalidate the land
commission ACT. Should the court MAN.
tain the chief point raised By the at
sorney general. that the land commission
Law is unconstitutional because the bill
approved BY the presiding officers OF the
legislature and the governor IL 1t variance
with the bill really passed by the ieeisla-
tnre. the same ruling would apply 20 the
deficiency and appropriation bills. the lat
ter providing among other things for the
salaries Of tho supreme judges and the at
tornsy general himself. and constitute SUI.
ficient grounds upon which to establish
their nuIlity.
Briefly. the state land commission bill
~ passed was . consolidation OF = number
-fA IL L.
agement and disposition Of lands belong
ing TO the commonwealth. The most CON-
prehensive OF these was senate bill No. lGo.
which provided for the creation of board
Of commissioners to manage and dispose
Of the state lands. No one needs 10 be re-
minded how the work of the legislature
was impeded and complicated needlessly
by the Republican minority faction that
deadlocked the legislature on the sena-
torial issue. In the closing hours Of the
session every expedient was resorted to In
order TO procure the passage Of legislation
absolutely required. The consideration Of
no subject OF moro concern TO the public
than that Of the state lands had been de-
layed Ia the committee room. Eventually,
and shortly bsiors the session expired, .
JOINT COMMITTEES, representing the state
both houses. favorably reported q CON-
posits bill charging the duties and powers
Of the commission originally provided for
IN senate bill No. 100. and designating the
proposed enactment - . substitute for
that bill. Both branches Of the legislature
took up the substitute land commission
bill with . ssst, and in the industry
displayed In amending and correct
Ing the measure. ample evidence of
which the journals contain, manifested
. positive intention 70 placs the
state lands under the management
Of . commission, whose duties ~ Q CO.
ordinate branch Of the government should
b semi-iudiciai. and whose powers should
Be OF tho grsatsst possible scope. Neither
In what the Legislature did In these hours
Of hurry and worry. nor In what IL plainly
intended to do. Was there any violation Of
the constitution In the sense Of exceeding
tho Limitations or restraints which are
laid down - the safeguards Of the peoples
rights.
Mr.. Jones' contention 10, and has been
from the outset Of the expensive contro-
vsrsy which he has prccipitated, that the
Legislature committed An ofiensc against
the constitution and therefore rendered
ks
through ignorance or wiifai connivance Of
supernumcraries. certain provisions in ar
tic.e 2 OF the constitution, relating to the
method OF making laws, he advanced these
reasons for his refusal to approve tho
bond Of Mr.. Reed, who is one OF the men,
bsrs Of the board appointed by tho gov
ernor under the Law. which simply
specified that the attorney general shall
in n estn al 81
secretary of state In passing upon the
sufIic,ency Of sureties on the bonds Of the
commissioners. He plainly took the
ground that he va. not called upon TO
obey a Law which he personally presumed
or believed to BE- unconstitutional, an un-
hesrd-of proceeding under the circum-
stances. whereupon Mr.. Reed. represent
ing the state hy relation, petitioned the
supreme court, through his attorneys.
Roger :. Greene and John ". Corson, tor
writ OF mandamus compelling the attor-
ney general Ia pass upon ths bonds or
show sufficient cause for his refusal. In his
return the attorney general held that the
Law in question Was no law Mt ali, and then
proceeded 10 prove. by personal assertion
claimed to I've founded on the records. that
In passing thu iaw the legislature violated
separate provisions Of the constitution
respecting legislative procedure. The at
torneys for tho state denied in toto the
authenticity of tho facts as he stated them,
aud IN this condition the case went before
tho court today for argument on the briefs
submitted. Mr.. Jones opened and closed
the case. the court allowing each side two
hours.
The attorney general assumed from the
beginning that the court was emro~ered
90 go % the Journals Of both houses and
into the records of the legislature beyond
the journals 10 support his contention
that The Law Is Invalid This is the rrin-
cipal point At issue. and II sustained by
the decision of the court must result, in
proving large part q, the principal
statutes oi the state invalid on the ground
al lrrsgulaTity In the manner OF passage
by the legislatures Judge Greene. Tor the
state. held that no records Of orlgtna Al
bills or alleged amendments could De con-
siaered by the coue, III evidence. that the
court could nos lock into shena because
they src IN ne manner authenticated. and
their filing is not even required by iav.
case. should the court he inclined to pass
uren the face OF the Journals. II could not
seeeps the house journal Of the last leg -
lstasc a. evidence. since /; MAS not prop
cry sui aenticased Il seems thai, the
faarnal hesag incomplete at the iigae Of
adloasnment. the speaker aud clerk
merely wrote their signatures ga SLIPS az
wake PAPER, which were pasted an the
ioarGsl a: the close q; the alleged pro-
eecSngs IF The closing three days 81 the