The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-05-07
THE BOARD OF ALDERMEN.
Scott'S Opinion on Charter Revision
Battling Street Car (ompanies.

Batting Street Car Companies.
: Corporation Counsel SCOTS opinion
| relative 10 the petition for an cleo
| ton OF freeholders 10 frame
| charter was read in the board
| OF aldermen and then sent to the house OF
| delegates.
After rec!ting the tenor OF the resolu-
| tons asking for the opinion, Ir. Scott
says:
| However great may be the necessity for
| a change. and however much IL may be
thought that a new charter is needed or
amendments 70 the present one necessary.
| the first thing 10 be determined is waeth
| er the procedure waich is intended to be
| followed in order 10 alter, change or re
| wise the charter Is valid one.
In order to test its legality nothing
| short Of a decision of the supreme court
| Will be- or ought TO be. satisfactory. Tn
| der the constitution of this state all leg
| islative power is lodged in the legislature;
| the people make the constitution. the con-
stitution creates the legislature and the
| legislature makes the law. Therefore,
| unless the constitution itself especially
provides for the delegation Of its power
| 10 some other body IL is lodged solely in
| the legislature; that is TO say, the legis-
| lature cannot. unless expressly provided.
| delegate its power TO some other body or
| 10 any number OF citizens 10 make the
| laws which the constitution requires the
| legislature TO make
| He then quotes the constitutional pro-
| vision allowing any city of over co. 600 peo-
| pie 10 elect fifteeT freeholders 70 frame
| charter this charter to be ratified by
| popular vote. He continues:
| This city has already awaited itself OF
| this delegated power and framed chart
or for It's own government. Now. IL the
| power delegated has once been exercised,
| does not the sole right TO make a new
| chartr rest with the law-making body
| OF the state? The legislature is as much
| subject 10 constitutional restrictions as
| other citizens OF the state and cannot
| evade its responsibility as the lawmak
| ing power by the passage OF an act au-
| thorizing other bodies or any number OF
| citizens 70 exercise lis power. In my
| Judgment the provision OF the ronstitu-
| ton as above quoted is self-acting and
does not need legislation 20 give II effect.
| The supreme court Of California. I'm
| the case OF The People vs.. Hoge. - CAT
| ifornia under a constitution similar 10
| ours holds that legislative action was not
| necessary 20 enable the Inhabitants In the
| city and county OF San Francisco 10 act
under section 9 OF article NJ OF the con
| stItution OF that state In the matter OF
| framing a charter. The constitution OF
! the state nowhere provides, either ex-
/ presylv or by Implication. FOR such lecis-
| lafive Interference and the construction
| placed upon the provision OF the consti-
! tutlon IN the discussion OF that case
| would. Il IS said. result that that hostile
| action or even non action on the part OF
! the legislature would prevent the inhab-
I ftants OF the city from exercising a power
I EXPRESSLY given "a them IN clear unnais-
/ taxable language by the constitution. II
| this IS a propcr construction Of our con-
stitution the passage Of an act neither
adds 20 nor ietracts from the power Of
! the city to frame a charter for It's own
IN ~ 2 b
/ the constitution.
"The constitution provides that cities
o. % o00 inha bi'ants shall - permitted TO
frame charter for their own govern
mont ana also provides. rs will no seen.
the manner IN which such charters may
be amended
..rf the city % Seattle has once taken
! ADVANTAGE ~ that provision NJ the con-
! S,itutron ard framed a charter FOR It's
/ own ravcrnu INT. AM The provision OF tho
Z constitution Is self-eNeN0tng. Il VIII
{ hardly pc commended that N" ~ity council
+ NAV order ar election 81 frechoders az
any -iroe or as offen as q may see Ut n
frame a row charter.
+ ~Tr tz conceded thar she legislature ITSELF
! ~oulf frame charter FOR government ~
I All classes ~ cities. The power given 20
Z tNe legislature under the constitution 20
mike Laws as heretofore stated. cannot
+ ~ delegated unless expressly provided IN
! tl,e constitution }txslf ard as all acts Of
! tnc legislature which attempt 20 delegate
+ faa rover ~ the legislature 20 other
/ bodies % frame laws must 30 strictly cou-
| st~,.s4 - follow, that resort must 30 ha 1
I ~ rha constitution itself 20 ascertain
whether when a city hss once framed a
/ aver Tor SIS own government, she tcgse-
/ ia.--~e can delegate rho power - free
+ holders 20 frame amendments 20 the
: charter. or ~ alter or revise. as provided
in thtz art Tire eausiF a'tou Itself pro-
s.v
nav Hr amended THAI IS. ey proposal e
eat,-.,stfef hy the legislative authority n
stl.h r.ts - the voters for their adoption.
: Tnt- .-.nSt ltsif{0n fn no sense conflicts win
the ea~e state * rel Seattle rs. Carson,
/ = w aSh. C-ou. @-1 In that case -ffa cues
floR Ms WhF.her the Legislature cNui
I yASs "A lfA the effect 81 Wh5rh i8 and %;
!t~e.f uouIf f,e ~ amendment fo the char
te~. and the court reid that u corR 40
50 To ~ that the legislature may C1-
+ e-f = fw which amends any porttor ~
+ che charter. IS qHf;e different from az act
wht-h rat only 3oes act amend me char
.-- hlt selegatrs she pawer 81 amend
ra*at f7 some o.h-~ H7iy.
"Ts@ eors-Hut3onal provision relative
- permitting q sfty - frame q charter S
+ rsrrsri sssss 81 l.S nature only. ard uo'
rnsots-cry- y the constitution IS self ex-
s-l:s0-. arv ar 81 enc Ieg3sIa tHre which
I sset--seS 20 compel ere cltv council =
-4l<a ara election ~ he he}8 upon 4 Pc
u-s,a ~ e -er cent ~ the electors does
r,r make ffe constitution mar ga tory
Trr les3~.arl-e ~ lS' uvss have AK a
tae ttas az the constitution that IL was
only dtre-tr~y. for the reason thar thal
iaW rroNl3c4 thar any city. having pepu-
fatfr- ~ ~ 80 er more Inhabitants nav
frau7e q CHARTER for ..~ OAR government
a-5 a. the city c3G9ei Is ths to8y ia
waleh IS iofEe3 the legislative power 81
the -lfs if canr1f - compelled 80 cause
4u s}ect1ou - he HE'LL for free holders. 4
SCI sse Judgment 81 the city council = IS
act desale1 necessary. II etssot the NroE (