The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-10-17


regents OF the university might be renov-
ed for either OF the constitutional causes.
misconduct or malfeasance- Upon receipt
of this advice the governor determined up
on the changes announced.
Mr.. Vance's opinion, given TO Gov. Rog-
ers. Is in fun as follows:
Your recent inquiry as to what. II any.
power Of removal over members OF the
board OF regents OF the state university Is
vested I'm the chief executive Of the state
has been most carefully considered.
THE constitution Of this state upon the
question Of appointments TO the control of
sundry Institutions IL az follows:
Educational, reformatory and penal
institutions: those for the benefit OF blind.
deaf. dumb or otherwise defective youth
for the Insane or idiotic, and such other
institutions as the public good may re-
auire. shall be fostered and supported by
the state, subject 20 such regulations as
may be provided by law. The regents,
trustees or commissioners Of all such nsti-
tut!ons existing az the time Of the adoption
OF this constitution. and OF such as shall
thereafter be established by law. shall be
appointed by the governor. by and with
the advice and consent Of the senate; and
or the question shall be taken by ayes and
nnes, and entered upon the journal. Ar
ttcle Kill. section I.
The power Of appointment hereby vest
ed Is absolute. and cannot be taken away
by the legislature.
The constitution provides that: AN Of
subject TO removal for Misconduct or mall
fessance IN office. in such manner as may
be- provided by iaw.'-Article V. section 3.
Thus Il Is seen that the power Of APP
pointment IL vested in the governor bv the
constitution. and the power TO make regu-
atious FOR removal Is vested I'm the legis-
lHfure. that is. the constitution recognizes
that all appointive officers are subject TO
removal, and Confers upon the legislature
che power TO regulate how removal shall
h. made.
by an act approved March 10 1888. the
legislature provided as follows:
Section l. The governor Of the state
el Warrington ~ hereby authorized and
empowered 20 remove from office ali state
officers appointed by him not liable to I'm
Parchment. for lncompetency. misconduct
or maifeasance IN office.
= Sec. . Whenever the governor Is sat
iSbed that any officer not liable 20 i'm
parchment has been guilty OF misconduct
or mafeasance IN office. or Is incompe-
Tent he shall file with the secretary OF
state statement showing his reasons
With his order OF removal. and the secre-
tary. Of state shall forthwith send a GER
tined eopy q such order 81 removal and
statement % causes by registered mail 10
ths Test known postonice address OF the
officer removed.
Section 3 Al the time Of making the re-
moYal from office herein provided FOR. the
Governor shall appoint some proper per-
son % all such office. who shah forthwith
demand ana receive from tho officer re-
novel the papers. tccords and property
- The state pertaining 20 the office ana
snail perform the duties OF such once and
receive the compensation thereof until his
successor IS appointed
Thus we scc the general rule. TIA, the
power or appointment and the power OF
removal ars eoineidvnt. is recognized ard
The first consideration that presents 49,
eff is' Are the uemserg 81 q board OF
regents subject - impeachment There
80 oe ne controversy upon gss question
&c The governor ana olncr state and jadi-
cial ofhcerss cNcert judges and justices cf
courts not q records. shall he liable 90 n-
aHel tn aHice.'
~Uuless a member az She board of regents
can be declared % he state officer ~ the
setne genus as the governor ne cannot Be
FIRE BE must oe sub5ecf 10 removal 81 ~.
manner provided ov law
here only remains 70 consider whether
ne Eener3i provisions as 20 removals
Session Laws. tSs2 apnies 70 regents ia
ire ualverSlty. Ar apparent excap,{ef 81
favor 81 this beard IS contained i'm ss~fi1-,
IS % the school eofe - tSs- session Laws
tNsi page -. rhlcn provides 'thas regents
aoW serving Cpon such board shall con-
tnue as s1ce during The terms for whirh
thtN wcre respectively appointed pa
rN'tPt rom tbe operation Of tHe general
t7Ns thcse regents / am clearly Of the
@Na-e th1t taere WAS no ssca intention.
io maintain that s2ch IS ,he ceect of tse
words quoted g o. SAY that the lsrfslat,,re
has power 20 create tenure OF Office re-
rosHiGe3 rf.thtr by custom nor ronxttls-
tton IL thls s. the Intention a rnrrnhe-
q t1c SAID Board may uoI be removed n,-
Gre -'~.s!sfure because be 90 not An ~ ear
W ho can be tgnpeachtd He nav ~. -,
removed by tae cAifE executive hecae~s
re ifEis's 'lre has nxet his trrm. snf
far government usv uat act ne ratAs~
t1.s ,nteHt gre expression must have h...9
wAFe p-'~ fFe taan G arrssrs % Dc tn me
aet. Asioe from a discaSss0a og re ren-
eFaI question - tbe poeer IL the lsessts
Enre 20 establish Such 2 tenure cs one
Naieh q ~raf@ guescioa "a nzstf fhat
t9ttat .an ptH -fT.aiaiN go. be argued IN.
less g, Is clear
TIE sea % ts-. concerning removals -
NtU ~ force aH8 operation ans 4 a., c.-r
Nlacsd that tha intention of IRE Fsgls.ertsre
~as simply % prevent tea arbitrary r.
nov Al - reNerts Hith1ut cause. ana 10 re-
NUtre thHt sucH removals should ~ ma
81 tae usual ana Ordinary wsy provided 81
las
The provision quoted frcm the a., a.
I W. Wateh provides mat M "a hers OF szfsf
baar4 thc0 actfng. sAeG44 serve cat thssr
terms is Ect a new prSvlsian tnr.s -ts.E M,
t1c az IL a. brcuEht forward from tha