The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-04-08
Mr. JONES' OPINION.
Criticism Of His Action On Land
Commission Bill.
GOV. M'cRAwrs VIEW OF n.
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OrSrr1A, April 7.-fgpscial l-Attosnsy
0onsrni Jones having refused 70 approve
the bond Of r. n. Red. r., one Of the r.
eomtly appointed stats land commission
On, o. the grOund that there u doubt -
70 the constitutionality Of the land COM
mission Get. steps viii b taken at oncs 20
have the validity of TIE law passed upon
By the supreme court. - the land interests
o. the state are being injured By the delay
In the organisation Of the board.
The general opinion hsFs = that Attorney
General Jones hes gone ont OF bis way IN
the matter Of Land Commissioners Reeds
bond to crafty his resentment because
The Legislature did not hamper the COM
msrcial interests Of the Sound by passing
. harbor lire bill such a. he desired.
The eject Of his refusal 70 pass upon
Mr.. Reeds bond viii b TO delay the
organization Of the land commission until
the right Of the attorney general 20 arbi-
trariIy decline to express an opinion - to
the form and sufliciency Of the bond has
been passed upon by the supreme court.
Neenwh iie the land interests OF the state
will suffer for want Of attention. Steps
will be taken ct once 70 bring the matter
bsfore the supreme court. and it IL probable
that the court will not only be asked to
compel the attorney general to act, but
thsa IN agreed case will be made up. en-
bracing oil the questions involved. 90 that
II may be ascertained decisively whether
the Law 10 constitutional or not.
While Gov. McGraw. before approving
the act, satis6ed himself Of its constitu-
tionality, he 10 desirous OF having the ques-
tons that have been raised judicially de-
termined. The doubtful language Of the
appropriation clauses Of the act. which
makes il Questionable whether any APP
preparation has been made for carrying on
the work Of the commission. will doubt
less also BE- submitted to the court for con-
struction.
Should the supreme court decide that
the act was not passed In . constitutional
manner the old tide land and school land
commissions would be revived, but there
would Be no harbor line commission. and
the decision would therefore afford IN
argument IN favor Of calling IN extra ses-
sion Of the Legislature.
The opinion expressed BY Attorney Gen.
eral Jones with reference to the constitu-
tsonality Of senate bill No. 160H has excited
intense iuterest here. Assistant Attorney
Haight this afternoon addressed . letter to
the attorney general including . state
ment Of the action taken on the bills
which were included in the substitute up
70 the time Of 1T passage. From this
statement Il will b seen that the house
bill relating 70 school lands never escaped
from the hands Of the house committees.
The father Of the bill No. l60k Was ex-
Senator l. ,. Thompson. Of Pierce county.
Gov. McGraw Was asked BY . Posr.IH-
the position taken BY the attorney gen.
sral. The governor said:
All desire - say - thiA This bill ID one o.
The most Important Dsasusss passed. By the leg.
islaturo, end any question aAboting the VALID
~ a senate bill No leoH demands Immediate
end easooss et>entioa. While ] believe that the
bill passed ~ Ne lsgislatuss = constitutional,
the fa0s tho4 u ostoeney general has raised .
question - - ~ eonstitutionality demands
prompt astioa. q ssdss that . matter 20 tmpor.
tant y ~ people nay b settled without de-
lay. ! shali peosssd q eaes 70 - that the
question = speedily settled
49, 8VSOkO&3OO " 8OoUO OAAA kvVs 4DOs tuV
governoe oaid ehat several weeks ago he
the reoofds thoroughly. and that the clerk
had informed him that the bills had all
passed the legislature regularly.
Mayor ]. w. Robinson said:
II vas ceacsded q the time senate bill No.
iso9< Wa before the ls@islasurs that IL vas in.
tended - . substitute for . number OF other
bills rotating 70 the control and management OF
the school landA Il wac insisted then that q
bill could not b substituted for two or more
other bills where the scope and object were 20
different - evidenced BY the bills which
this bill pTstsnds 10 b . substitute for
vas OF the opinion then and have
no reason 70 change my mind since that this
bili vas not. either In fact or effect substitute,
and not being substitute and having come b..
fore the Legislature within the ten days prior 70
adjournment without receiving the coustitu.
sionai two-thirds consent OF the Legislature. Il
never becams and 10 not nov . valid law.
question the manner Of raising this question BY
the attorney general. However, that 10 q m altar
In hss Own discretion and his good faith cannot
b disputed. The validity OF the law can b
brought In question By mandsmus proceedings
against him before the supreme court COMPEL.
Ing him 10 approve the bond.
Col. n. II. Owings said:
have not examined the question carefully.
III. Jonse 10 an able attorney. II he has made q
thorough examination Of this question would
attach great deal OF Importance to it, Ii is q
question Of great moment 70 the people OF the
state. - IL II the most important commission
created By the last legislature. and the question
should b settled ct once by the supreme judges,
Who have the last guesa
Assistant Attorney-Generai Height ad-
dressed letter to Attorney General Jones
last night substantially as follows:
The senate docket shows that senate hiil No
l6osS was introduced March a. Q substitute
Tor senate bill No III. senate bill No ISL, senate
bin No 49,. senate bill No. il6 ana house bill
Nc. las. By the committee on state granted and
school lands under tho following title: IAN
act 70 provide Tor the mAnasemsns
and disposition OF the public lands OF
she state and declaring an emergency :"
As passed the tisls rcaas. An set TO provide for
she creation Of q state board OF iaad commits.
s.onsrs Tor the management and disposition of
public lands. making appropriation therefor and
declaring an emergency" The worts. .cys-
alton Of . stAis board o: land commixsiousrs''
and ''makias appropriations therefor" are
amendments inserted in the title before ehs
alleged passage OF the act
The senate docket shows that the title of sen.
ats bill Mo- lo Vas "a bill creating sas state
hoard OF land commissioners aud defining the
powers thereof. fixing the CON pcasa,ion Of the
members and declaring emergency" This
bill vas introduced February :, referred to ,hs
.~u. fafan ssaeA ianas E~hrr.~x