The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-10-07
SEATTLE. MONDAY. ocT. Z.
THE CHARTER CASE.

Corporation Counsel Scott has filed his
brief on appeal 10 the supreme court In the
charter case. The suit Is brought to
have the court issue an order requiring the
city council 20 authorize the calling of an
election OF fresholders 10 prepare a new
charter. The action. OF course. has no an
linus in 1t. either on the part of the petit
toner or OF the city and the object OF both
is TO honestly set forth the strongest rea-
sons which may be urged on either side
90 that the supreme court may squarely
decide the matter. and save the city the
modification of an adverse decision after
IT has spent money on an election.
Mr.. SCOTS points may be briefly sum
married.. but DO not call for comment until
the other side has presented It's case. Mr..
Scott. who has associated with him City
Attorney Steele. quotes the constitutional
provision. section 10. article II. which au-
thorizes cities Of this class to frame a
charter for their own government. which
provides that "any city containing popu-
lation of 5000 inhabitants or more shall
be permitted 70 frame charter tor its
own government consistent with and sub
state. and FOR such purpose The legislative
authority OF such city MAJ cause Al cleo
zion 10 be had, at which election there
shall bc chosen by the qualified electors
OF said city nfteea freeholders thereof"
etc. In legal cfJcct the words OF tho con-
stitutlon arc. that such cities shall have
power 20 frame a charter for their own
government. and tho only method by
which such power can he called into ae-
ton Is by permission OF the legislative au-
thority NJ the city. because tho constitu-
tion does not iu terms or BY necessary i'm
rllcation make /, mandatory upon thu city
council 20 cause such election TO be had
The legislature might pass an act pre-
serlbiaE the me,hoas % - followed IN casa
a city desired - frame charter for its
own goyer4mcnt but unless the city. ~
"a legislative body, Fces ~ - submit or
q cali an election ~ freehal4crs. the only
method by which a new charter or any
charter can he framed Ter any city is "
al act OF tho Legislature itself. because
there is no constitutional sanction far
compelling a city % frame a charter upon
Legislative authartty. II goes without say
Ing that unless the constitution Itself pro-
v.aes FOR the delegation of legislative
power - some other holy 70 IS lodged SOLE
Is in the legislature, ana without such ex-
prsss sanction ~ thn constitution az at
of the legislature which delegates such
power IS void. II IS conceded. ~ course
that tho legislature can Frame a charter
far the government q all classes 81 cities
The construction that the legislature
cannot delegate ga power IN no sense cor
ricts wish the case ~ the state rs. Car
son. The question there Vas whether the
legislature could pass law. the eHecs z
which IN and for itself would - an amend
nens % the charter. and the court Aell
that IL can,d d. So
No one. continues the Nrgef viii contend
that without constitutional sane
tion the legislature can provide Tor
framing charter ny tho election 81 free
holders. OF IA any other way than by an
act u the legislature which would in art
~ ttself constitute stch charter. The ssn-
stttutional provision teiux by its terms
directory and perrrisstve. necessarily vests
discretion In tho city council as 20 ~ isetaer
s; VIII cali an election far freehc}3~-s IN
frame charter. Therefore tire principle
- applicable that - hrnever rs,slic of'lce~s
arr vested with powers 81 discretionary
nature as to the performance of official
duty. or In Reaching etvea Fesult 20 Of
ncial action they are Required % exercise
any degree % Judgment. whsle ia i~ rrorev
hy mandamUs 10 set theu1 in nsotioa an
% require their action uron matters of-
neiany instrusted IN their Judgment ara
aiscregloa. the coert Vii not interfere
with TIE exercise % their dEservtson. uer
attempt hy wandamus - control 80 g.
tate the sudgment 70 ee given
waae she enslgs ara uEueas . eomgnsa8-