The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-04-17
A NEW CHARTER.

Ihere seems little doubt that SUM-
c.eat number of qualified voters viii be
found TO sign a petition for the submits
sion TO the people OF Seattle OF new
charter In accordance with the provisions
Of the law enacted al the last session of
the legislature When the requirements
OF that law have been met the city coun-
ell will have no option but to proceed
as II directs. There Is no reason TO sup
pose that the city council viii put OBJ
stacies In the way and II they did make
such an attempt IL would prove futile.
The city council has expressed its Will
ingness 10 carry out the law. but pre-
ferred not to assume responsibility for
the cost. II the people exercise their
statutory right the council promises 90
give ready assent.
Doubt has been raised. however, as to
the constitutionality OF the bill. II is
believed by some people that the act is
unconstitutional because the organic law
contemplated only one exercise by the
city OF it's power TO adopt a charter. and
that having once been exercised, all SUBJ
sequent changes must be made under the
provisions for amendment to be made at
general elections.
IL may be well, perhaps. as the inter-
ests involved are OF such magnitude. to
place the question beyond all doubt by
securing a decision of the supreme court.
The council can take the ground that.
the act being unconstitutional. they may
refuse TO be governed by 1t, and await
the result OF argument on. mandamus
To compel them TO call the special cleo
ton provided for Or the council may
~stf-
to apply for a writ ofprohibition.
The question viii turn upon eonstruc-
ton of section 10 of article xI. OF the
state constitution. which provides that:
ANY city containing a population of
70. 900 Inhabitants or more shall be per-
mitted 10 frame a charter for its own
government consistent with and subject
TO the constitution and laws OF this state.
and for such purpose the legislative au-
thority of such city may cause an cleo
tlon to be had. at which election there
shall be chosen by the qualified electors
OF said city fifteen freeholders thereof
Such proposed charter shall he
submitted 20 the qualified electors OF said
city. and If a majority of such qualified
electors voting thereon ratify the same.
II shall become the charter OF said city,
and shall become the organic law thei eof,
and supersede any existing charter. In
GLIDING amendments thereto. Such
charter may be amended by proposals
therefor submitted by the legislative au-
thority of such city TO the electors thereof
at any general election
These are all the restrictions imposed
but no statute. OF course. could enlarge
them. Within the limits laid down the
legislature has fun scope. The whole
matter turns upon the question whether
one exercise OF the power 10 adopt a new
charter exhausts that power. We find no
such limitation, the only apparent re-
striction being the permissive right TO
amend at general elections instead of
imposing the expense of special cleo
ton. This feature seems TO have cor tenn
plated only minor and remedial amend
ment and not organic change
There "a no doubt that had the frat at
tempt to adopt "a new charter been in
efiicacious through failure to take legal
steps To acquire jurisdic ton. the city
council could have proceeded until the
exercise OF the power became effectuaI
In support of the view that the power has
not been exhausted by one effectuai eser-
else OF it. there is very respectable array
or authorities. but there is not among
the well-known cases ono bearing directly
on the point IL would he unwise 10 an
ticlpate the action of the supreme court,
bat there can be no improperly I'm feeling
assured that the supporters OF the bin can
appear at bar with very strong ard
rational case.
Expensive experience warns us that II
Is bes, TO determine the fundamental
status OF law before II reaches such
stage as entails irremediable cost and
confusion. The present temper Of the
people Will not brook unnecessary out
lay. bat In the case tn question the ex-
pense Of assuring ourselves We are rtrht
before going ahead Is OF no account com
pared to the expense and evils which
would follow a primary false step.