The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-05-18

Special Dispatch to the Observation-Disclosures
OLfMPIA- May las before announc-
ed. Assistant Attorney General Vance has
been unable to render q favorable decis-
ion In the matter or the arid land bin
passed last winter. This decision was
written saturday afternoon. but not filed
with the governor until today.
Following IL the full text OF the decis-
ion as rendered:
Olympia. Wash, May Is 1917
His Exceliency the Goyernor-S;r-
Your inquiry OF recent date as to whether
o not there Is an arid land act OF this
you the power to appoint a cornmissionsr
OF irrigation or other officer to execute
the provisions of what purports 10 be an
sidera ,1no act has received my best con-
81 ma the condition OF AFFAIRS to be as
follows: On March 2, 1856, there was
ths .e An act accepting the terms Of
August Is 1904. providing for the
I;on "a soo s ssttiement and dispose.
1nerefor and declaring an emergency
section OF this act created the office of
commissioner OF arid lands for the pur-
Of this act prescribed the method OF his
nomination and appointment. determined
Ms saiary and required a bond from him.
me remaining sections OF the act pre-
ana the intent of the law.
On March IS 1897. there was approved
an acs OF the legislature, OF which the fol-
provide for the selection. survey. manage
menI. reclamation. lease and disposition
CT the states granted. school, tide. oyster
and other lands. harbor areas and for the
CONFIRMATION and completion or the sey-
sTai grants 10 the state by the United
states making an appropria-
ton therefor. and declaring an ener-
gency.
Paragraph % of aforementioned act
contains the following provision: An act
enlitled An act accepting the terms OF
viding for the reclamation. settlement and
disposition or the 1.0o0.o00 acres of land
granted therein. making an appropriation
tnsreIor, ana declaring an emergency lex
cepnng section ! of said aforementioned
aet). approved March o. 1895, are hereby
expressly repealed The act Immediately
n s.l . quoted carries an emergency clause
''On March 70. 1897 there was approved
an act entitled An act to amend an act
a accr The terms Of the act Of congress
reclamation, settlement and disposition OF
the one million acres of arid land granted
therein. making an appropriation therefor
March Is is and prerans turther for
carrying into effect said grant
Your inquiry places the attorney gen.
erals office under the embarrassment Of
'First.That the general land act APP
proved March 16. 1897 which in direct
terms repeats all OF the arid land act OF
act which accepted the grant. is inopera-
tive in SO far as the attempted repeal Is
concerned. or.
covering the arid land matter in the act
approved March 70. 1897 Is imperative be-
cause there is no officer provided TO carry
out its provisions and no authority vested
20
1T Is not the function of the attorney
generals Office or OF any branch of the
state executive to declare the laws OF the
legislature ito be unconstitutional That Is
the function of the courts of the state and
one that they exercise with extreme reluc-
lance. The conditions Of your inquiry are
adopt one or the other of the courses above
laid down.
.rhe only question which can be raised
Is s + the aa se Of saa set
sufficient to carry with 1t under the con-
stitution the repeal contained in the bill
THE language OF the constitution. as
You will remember. Is no bill shall en-
brace more than one subject and that shall
s. ,hss ,bs IN b the ny not the m
subjects. and that the title
should put upon his guard the inquirer and
sass 2,
Construction, section s.. lays down this
further rule:
. When the subject is stated In the title
the constitution Is so far complied with
that no criticism of the mode OF state
ment will affect the validity of the act
The supreme court Of this state in an
through Mr.. Justice Hoyt. Marston VS..
Humes. 3 Wash. Tot, used the following
language:
Il am of the opinion. that the legisla-
they will give 10 the word subject. and
that SO long as the title embraces but
one subject II is not inimical 70 such con-
subject. as thus used, contains any num-
Der of sub-suhjects. In other
words. the legislature may adopt just IS
a title as it sees NJ ana u
to a unified subject or object IL Is good.
however much such unified subject is
capable of division
Judge Cooley, const- Lin, p. IA SAYS:
:. The legislature must determine for IT
self how broad and comprehensive shall
be the object OF the statute and how
much particularly shan be employed In
the title in defining IT.
"a fair method Of testing the question Is
this: Would IL have been competent for
the legislature, under the title set up in
1897, to have provided for complete plan
of arid reclamation, vesting the execution
of the plan In the state land commission?
think i would ,s,ns,y ror sns rea
confirm and complete the several grants
OF land made 10 the state, provides for
The survey lease reci ,ands 81 ETC. OF
II IL is competent to provide a general
plan il is certainly competent 10 provide
a modified plan and to repeal an existing
.s0r' again. would II be competent for
the legislature. under the iast-quoted title,
to have simply repealed the arid land law
and have made no other provision for 9TH
er ianAse think il would. for the reasons
Immediately above stated Again. ~ Will
be noticed that the language used by the
legislatures IN the original arid land act OF
tSSfs Is this. Providing for the reclama-
ton. settlement and disposition of the arid
lands which language is almost exactly
similar 70 the lsnguage, m sne usie 81 me
erra being that In the prior act the word
settlement Is used. in the repeating act
1t Is omitted
.srha renealinr act. in addition. carries
with ii 81 emergency, and is in immediate
effect from the date Of It's approval. while
the amending act hereinafter mentioned
carried no ernerseneg,, ,a ana even s ,nougn !.
agptfi the exriratf0n of ninety days from
the date OF It's approval
For the reasons above set out am led
Ia This Conclusion. The act OF March o.
zsss ex~rsst a, much as accepts tho grant of
congress Is repealed. and the office of arid
land commissioners. BY that repeal. is aboi-
fssea The act Of March y, lsg1, amends
,Na a., ~ March - 1856 bv Changing
sonse Of the ssuties OF the arid land COM
WHO IS non-extstsns officer.
ara srn.tas~ other functions for the Office
OF a Commission OF irrigation, which is a
office
ssreay,Iy as I regret the necessity. I an
compelled 10 advise you that the arid land
iaw ~ this state. az row constituted. ia
imperative. for lack OF a legislative pro-
vision Of an officer 10 execute the intent
OF the law. and that fnere Is no authority
vested IN The governor 10 create an Office
rot provided for by law