The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1899-03-09
GOV. ROGERS WIOtS Il.
1ETIRAu CAPITOL Ctss EMISSION BILL.
WITHOUT APPROVAL.
Attempf to Deprive the Executive
Of the Appointfnx Power II Ia
eenstitstienaI-Dee Evtis

ix a. follows:
TO the Honorable the Senate OF the
state Of Washington Senate thanoeT,
Olympia. Wasn.--tseEiie1nen: l herewith
return without my approval senate bill
No -. entitled An act amending set
tons ] and Of "an act To provide tor
the location and erection Of capitol
luiIding and providing an appropriation
therefor ard declaring an emergency"
approved March q. 1885,
Under the American system OF govern
nosf three coordinate departs merits are
created: Legislative, executive and fi-
0icial. each supreme within certain coa-
etitutional Limits. Under constitutional
provisions similar To ours Il has become
hxec ~ settled principle that no one OF
these department. Of governnieist can
override or destroy the power and fai.e
tons Of the others. But senate 9TH M.
" attempts 10 do this by taking from ths
governor his constitutional power OK sp-
pointmsnt and removal. The bsii - there
fore unconstitutional and void, and III en-
acted into Law will furnish precedent
which may return 60 plague Its inventors.
To establish this a long line of authorities
may be cited. 1 desire simply at this time.
hewever, to cali attention To a plain TACT
instantly apparent TO careful observers
wherever found
{ Placed In = False Light.
TN carefully examining this bill. ] an
sirressttbiy !mpeiied TO the conclusion that
the legislature OF the state Of Washington
has through inadverience allowed Itself
20 be placed in position IL has not de-
lberateiy Intended to occupy. The bill
under discussion In simply an amendment
20 the Law of lss. which modified by
the subsequent act OK 1885. and as further
modified by this ball should ii become a
slaw.swii create a commission having the
power 10 hind the state of washington.
The act OF isss appropriated from 2 myth
some tie.lU0 previously expended makes a
round Hilli6n az dollars which the board
this bill attempts to create will be en-
powered 10 exptglsi. The board created ~
this bin viii b. entirely competent 10 ere
ate great debts. but IL tn entirely incom-
ipeteat and absolutely unable 10 liqudate
any portion o. the same. except ~ me
of dedt. It's power In this direction u only
limited by the exhaustion of the appro-
priasion before mentioned, The loard
which II by this bill created viii be able
TO iet contract for the construction ef
the million dollar building contemplated
by the act OF issa. and thus Involve the
credn Of the state. So far no contract has
been made In conformity TO the law. II be-
Ing Specifically provided BY section OF
thc Act OF 1873 that until certified con-
tract has been issued To the contractor
marked approved by the secretary OF the
capitol commission. no liability snail
De Incurred and no contract, unless made
IN this express manner. shall De vaatd or
binding upon either party. This proposed
commission will be able to Issue warrants
upon fund which II has no power to Gre
ate and which the Legislature hiss never
ing mode OF procedure by means OF
wbsah money could he obtained With
which To egdow II. aud without sniox-
mert II Ia not an existent fund. These
warrants although drawn upon n mock
frYrv4 having no actual existence. could In
considerable numbers probably be aoia !.
u sufficient discount be made. from and
by reason of the fact that every ono CON
Sersant with these matters recognizes the
further fact that the moral respanaipiilts
OF the people through act OF the legssla-
tx44
ity as surely follows, and with the people
of this state a moral liability vii! be as
elective as "A legal one. No doubt ufder
the circumstances detailed, hfty or a nun
dred Thousand dollars IN capitol fund
warrants. could ne added Ia the sas,SIi.S
already In the hands OF parties Who even
new are vainly writing me STATE . trsns
,urer asking when the capitol bniioiag
fund warrants will be called'
meantime. a contract might be made
by the proposed board. aud the con.rs,tnF
of iee NJ. n invited TO test In the s''tue
4Ysor court Of TEas1Ysion county. the Only
count In the state empowered TO take
coesxxance Of his claim.
Olympia Specially Favored.
eNo ao.,s,, exists in the mind OF any
member regarding the plans Of those who
are 80 urgently aua even fsrsterical,y ASK
Ing FOR the passage OF this bin. Under The
law Of 1874 the capitol commission WAS
made 10 consist Of the governor. tire state
auditor and three qualified electors Of the
state who rfvah tsct be cltlsens ~ Own
psa,' A. smedtilets ny the hiil ufaer dh~~
rtke4sAs the commission Is made tr rou-
dot OF three persons. tNa ~ wnosn ars cifl-
yen< ~ Olympia, and II IL expressly taffe~
Nv provided that two may orsaseize ihaA
hoard AMI form Il quorum. and are f0sss
empowered tn transact business inyolvirg
the credit ara soed name Of the state OF
Washington.
$ sssssfssI,lefss.s. that the 9,in Under dascus
al k.s ks,zzsf at 81
taw az isSs | WISH - call attention - she
eruae cnnii'san and lad character 81 iae
law as tssH= amended Section Z, article ).
or ostr ssate constitution provides;
= NE debts shall hereafter b~ contracted
~ or en behalf of tlNs state ssss3fs% ~ach
i.ss SHAH he sutauraEssl by law tyr some
reYsss> work Or object - ee distinctly Sssafs
He'd therein. which han sssan provide Ways
sHd ynrams. exclusive IF f0ans, Ger the pay
insni " s,stsrssss c0 such debt ~ L fails
asse and assss IL nav and discharge the
principal ef sUVh 1tett within twenty wears
frcwl the contracting Ihereaf,
1As provision ~ ire constitution = ~
uasse for the tnal lsafrusnt II esshey pgsa-
sffNC sse interest Il she de0s which b =
proposed 81 es.atf-
section t. article ; ~ she constitution
truSi3y.s
. No Moneys shat b. l4,ia ous az 1he
-trsasasy ef tASs state ce ANY ~ fHa fifas4
ufseN~s rs management except in pssresaancs
lbs an appropriation hS 9aw N@S uElsses stNii
spasmeas ~ made Within taD wears Tram
the iss ~ May esNs after fha 'taS~s xe II
ouch ag7fss 5afss tsssa ac3'
Referring - lsss~ rtss .sloa n th., gsus-
stItsssfen Il s1sS sie hrAi th9t thg b = sisSssz
-rot eo8seaAp8te ~s3s,f ssfvSsF9e tal< 10 hss
fse sss's ;hs pas ussnt otst of tl9ss srr,s@sss
81 asN II tse f2n.te Hhiaz i.a es.1Eggsg -
snY nsefss,ss NslstcN ef. S4n@e na sssafgesz
have ErpF esfiss ffsta oy Il waui4 sgasfs are
sssSs3r - eTsftWs inta sae fgluA ssnsier asz
rms fs4s EaslseS
J. .itFfsas s5~s hc ngs3 ia v}sN - th. fore
kSars ts5at gae tsese sntii svt stts@ s4Ssg 4,
shss Instance appaS sgeess ssrsxeyeg
iha; Rae Ar@sasssa iAe 49, i0f Jyassss,s stsen
u daase~Tesss
otars ENIi> Apparent
- 'fAx fuFFhsr sh1Ntsg t5.s Nss eaa~,a SEP
AZ sas I.f'oAss@s statgse. fsss1ra . rail-
ssSNfFfsofi - seaii@a - - sae - ~ fsgs
@S''re ~ sasssssafses ssssa5,1ss snsg sse ss~,-
fSssss raEstsaa sra. se coFug,gsse3 t.r Jana.
NFy = lSs e hesEN Asways s,-ss srs,..s.ss
-1hst Ras Ia" aeess nas aUcgapt - soaunes
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