The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-05-30

OF government Such Is the general rule.
the key note. as IT were. Of all interpreta-
tons OF constitutional provisions. and Is
IN harmony with the principles already
Another rule Of construction Invoked by
the appellant in this case Is that OF con-
temporaneous construction. It appears
that since the adoption OF the constttu-
ton the legislature has enacted exesnp-
ton laws differing only in degree from the
law under construction. and u Is contend
ed that the construction placed upon the
constitution by the legislative bodies since
the adoption OF the constitution should
have much weight with this court In Inter
There l. no doubt that some weight ought
to be given TO contemporaueous construc-
lion a. bearing upon the sentiment OF the
representatives of the people, which, TO a
certain extent, would probably indicate
the mind OF the mw-making power and
explain their expressions. Still, IL con-
temporaneous construction or legislative
acts were to have "A controlling influence.
no law would ever be nronounced uncon-
stitG:ionaI. for the question is only pre-
scented 10 the courts after the conten-
poraneous construction or the enactment
OF the unconstitutional INV. Neither can
aeauiescynce for any length of time af-
feet the true meaning OF the constitu-
tsonal enactment This Is the first time
that the courts have been called upon 10
construe this provision Of the constitu-
tion. and II. from the language of the act
itself II Is TO he determined that there
was limitation upon the legislature in
relation to the exemptions. that eonssrttc-
ton cannot in any way be Affected by the
lapse Of time. In our Judgment this IS
not such Il provision that the idea OF con-
Struction cannot be entertained
We have examined with much patience
the authorities cited by counsel, and all
other authorities that were obtainable, but
outside az tho rules of construction Just
spoken OF we have received but very little
ala. from the fact that our constitution Is
materially different from any other consti-
tuition in the Union. and the cases cited
under the constitutions OF different states
are OF very little value In constituting this
constitution.
Many eases are cited By the respondents
from California. notably People VS.. Nc
Creepy. 81 Cal, az, where there Is very
exhaustive decision on the nrtrEipies In
VOWED in ,Ais case. BY, I. is not control
tng here for the reason that the California
constitution, While providing that all tax
alton shall oe equal and uniform through
QUA he state, and providing. as does our
constitution. that all property in the stale
should ~ taxed In proportion 70 ',s value,
does NOT have the proviSo wh!cs, Is the very
essence Of the controversy in this &c Sc
viz. that such ether property as The leg
islatnre may by general laws provide shall
10 exempt from taxation.
In Texas the constitutions provided "a
follows. Taxation shall be equal and
Uniform throughout the state. Ali prop
ersy En this state shalt ~ taxed In rrous--
tgon 20 itz valcr. 20 he ascertsines as d.
restei hy iawt escsp, such property as
iwo-thiFsss Of both houses css 'he legislature
tsoa" Under such = constitution as tass
the contention that there was no room sox
construction would - tenasie.
In Missouri the constitution provides
fhaf '-an property suafecf To taxation an
t.llS state sAaN hs tsxsi la proportion 20 It's
value" ard TIE contention In sne rasa
which came az from thSt stare was over
5Ae meaning % ire word ''sss sect" ara
waas nreEsrtv was s1eSecs 30 'axsfftsrl
IL Minnesota there IA no dolis; aecus sha
paNer q the isEssla iaYs ~ sxesaus uns.s-
the constitution, fof that insggealemt pre-
Ss5qe "AN taxes "a he fAsSeS IN rb5s
-tate shalt ~ as nearly equal as NAV 30
ana AL eropartv on which taxes are 10 -.
lev!q.t sAall have = cash valuation 20 "a.
esaAtxsa and uniform tkF@mxhoat re
state: provided that fss Legislature viii
by general law ~ special act autssr4wA
rrQa{c1rEi corpora items 30 levy sS~~sSx
property fronting @pnn such trrp~cVe
meats or unon this property fo - hess
sse3 by s1ch improvements. without re-
G8rss 20 a cash valuation. ana IN sss~S
rsenn@r a. the legislature may y7~ese~3fsa =
TA@xe tke sxeTzptsnrS Which are ensAgn-
tEs-5 by ire legislature ar~ especially
eg7 ARE ~ ss~f ard II IS ~ssh a srsa ssyy&fx
% thss constitutions without specially Pc
viewing them
A. we have BEFORE N Heated q 80 IN A.
&Hawfes}gSS pr5assris n the c2rsg rsar .Ese
81 s&w&~ whether constitutional ar sfsxts-
feTS- tsst tAe court mast III csxsissg
asfNSsf tAss construction &AseA wsi4 give
farce ar3 sSsset 20 aSary part % he aaA
~ every csaSass IN ssssStSa s.A every wcrsF
IN q clsass- rgsSser than A construction
-asca VIII destroy ~ rssa Ser rsas A ysss 7essS
say pssrttsa as b sas and. applying isis
rSa@e ID tie ceassttasseaa. enactment IN