The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-02-16

curly had been originally taken. bar where
sach security had 5ecr<--e lest or I'm paired.
is not given the same rights thar an
other citizen is who Simply took a promis-
sorry nate without any security. A law
with some general terms F-ay be so
hsdged IN with conditions ard
specifications as 20 limit i.s application 10
a fsw cstizens and make i; class legisla-
ton
Furthermore that the right 10 con-
tracc with reference 70 ones property is A
property right - we'll settled. and any
aeridgment OF the enjoyment Of the bene-
hts howin, from a contract not against
public policy Is void.
I'm considering the sweeping coass-
quences of this act. Il would seem 10 he
= proH8fious time for Il recurrence TO fun
daneasai principles. Constitution. Arti-
Gle J.. section ~ Civil liberty IS defined
BY blackstone 10 De:
No other than natural liberty SO far
restrained by human laws land no far
thsr) as is necessary and expedisnt for tire
general advantage OF the public Book
/. p. rs.
Judge Cooley. in speaking of constitu-
tioIlai declarations. mentions:
Those declara,ory of the fundamental
rights Of the citizen. As that all men are
by nature free and independent and have
certain inaiienahie rights. among which are
those Of enjoying and defending life and
liberty. acquiring. posss ssing, and protect
safety and Happiness: that the right TO
property IS before and higher than any con-
ssitutional sanction Cooley, Con.
Lin. SIN ed. p. 40
And that
In considering state constitutions We
must nor commit the mistake OF supposing
thai, because individual rights are guard
e3 and protected by them. they must also
be considered "a owing their origin 70
them. These instruments measure the
powers Of the rulers, but they do not meas
ure the rights of the governed
Theirs never was written republican con-
st.tution which delegated to functiJlaries
all the latent powers which lie dormant III
every nation. and are houndle-s IN extent
and incanabie Of definition Cooley. Su-
pra. p. a..
LAS If 10 emphasize this principle. our
constitution, section %. Article l.. declares
that The enumeration in this constitution
OF certain rightly shall not be construed TO
deny others restrained by the people
AT page lss of his work. Judge Cooley
says:
The fundamental maxims OF free
government seem to require that the rights
of personal liberty and private property
should be held sacred.
And 9 page go. quoting approvinsiy
from Connecticut case. says
With these judges who assert the om-
nipe tence OF the legislature in all cases
where the constitution has not inierposej
an explicit restraint | cannot agree.
But az page no says:
/" Nor are the courts al liberty TO de-
clare an act void, because IN their opin
ion IL IS opposed 10 a spirit supposed 10
ptENdie the CONSTITUTION. put moi tNITeScte0
in words. When the fundamental law has
not limited, either in terms or by neces-
~sary implication. the general powers con-
ferred upon the legislature we cannot de-
clare a limitation under the notion OF hav-
ing discovered something in the spirit Of
tha constitution which is not even men,
toned in the instrument.
and at page DO. speaking of the nation
al and state constitutions. says:
"A legislative act cannot. therefore. he
declared void unless its conflict with one
OF these two instruments can be pointed
out
But while this is to be observed II n
apparent that all declarations. guarantees
OF right and limitations cannot be specific.
and unless general ones can be applied to
such cases by necessary implication. they
would be valueless.
'Or, as said at page i32. quoting approx
ingly from the Dartmouth college case.
there cited:
by the law of the land is most clear
ly intended the general law. law which
hears before II condemns: which proceeds
upon inquiry. and renders Judgment only
after trial. The meaning is that every - =
izen shall hold his life, liberty. property,
and immunitles, under the protection OF
the general rules which govern society. E.v
erythfng which may pass under the form
CT an enactment is not therefore 10 be coa-
sidered the law OF the land
AT page iS3 X Is said:
But a statute would not be conStltu-
tlonal which should prescribe class or a
party for opinions sake or which should