The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1899-11-15

ueeposed amendments 10 The city charter which
wsse coatainsd In . resolution introduced by
Cosneilmsn Homer ~ hill 1t the eouncii rsset
in9 NOVEMBER ]. The proposed amendments
sssp 10 the submission Of general and specific
psopesltjoas 10 the people to be decided 1t
special o. general elections. Mr.. Humphrey
ks1ds <hst both are Illegal. being IN conflict. on
MN points. With the ststs laws from which
the.<itys powers are derived.
SvsHE first amendment proposed 20 be
submitted TO the people contemplates
in effect. ths establishment OF the
system Of the Initiative and referendum.
The amendment refers to article Is OF the
charter. and provides as follows:
sssect.on H. Whenever Is per cent. OF the
qualified voters OF the city registered In
the registration list used In the last pre-
cefitng general municipal election shall al
least sixty days preceding the next gen
erai municipal election present to the city
council a petition TO submit specified
proposition 10 the electors at said election,
II shall be the duty OF the city council TO
submit the said proper proposition a. 40
And whenever % per cent OF said quail
fled voters 30 registered shall present 10
the city council 3 petition To submit, any
specified proposition to the electors. IL shall
be the duty of the city council to 30 sub
NIT the said proposition at an election, 10
be held not less than thirty days after the
presentation OK such petition to tho city
IF majority OF tbs qualified voters
voting upon any such specified proposition
submitted ct any general or special elec,
ton approve said proposition, tho council
shall. within ninety days after such ap-
prevail, pass an ordinances putting such
proposition into effect"
Regarding the proposed amendment. Mr.
Humphreys sayA. answering an interroga-
tory from Comptroller w. III. Parry:
',year communication. asking an opin-
ion as to the legality of the proposed
amendment 10 the city charter amending
article IL by tho addition OF section H. re-
ccived.
"The clear intent OF this proposed
amendment II that II Is or % per cent. OF
tho qualified voters OF the city petition
he council TO that effect. any question.
mitted 10 tina people for their approval or
fejecuon at general or special election
and II approved by majority shall be- by
the council enacted into law.
"rhc number required TO sign
such petition II, so far ns ! have
been able to ascertain, wholly arhi-
trary. THIS amendment would nbol-
ish tho legislative body of our city
government, or mt least deprive IL
OF all discretion, and Its acts would
DO ministerial only. such amend
ment would he In direct connict
with the laws Of our state. do
not believe changes I'm our system
of'Government so radical and funda-
mental can be inaagarated by
amendment to tho city charter.
~ am therefore of the opinion that
this amendment In not legal"
Tho second amendment proposed by Mr..
Hin IL to subdivision Is. of section Is. ar
tce ". Of the charter, and declares Il
10 he the ctty's intention - own the street
railways OF tho Sty at some future time.
and provides further that before any fran
ehsse or extension ef Il franchise. IL grant
I'D by tho council. the matter shall he sub
united 10 the qualified eecters In fail
the proposed amendment Is IA follows.
"Fiftaenth--The city " Seatt!e hereby
declares its intention ana eventual policy
To own and operate az tho earliest period
practicable tho system or systems OF street
railways operated or 20 be operated
zhrcaghout the city ana in furtheranee
thereof |, is hereby provided;
10 No franchise or extension thereof
for the construction or operation 81 any
cable. el~ctric or other street railway
wuAin the limits Of the city shall he grant
cd. either directly or indirectly unless TIA
question OF tho granting of the same h<,
first submitted and reoetve the aapra, Al
OF majority 90 the vpters voting there
on Ihis provision is 20 b. construed as
an a13ttionai provision. to hr cusrlpiiaa VITA
after full compliance with the other char.
ter provisions controlling franchises ana
before final passage Of any franchise cfgli~
nance provided, thai In Nd event shal any
franchise. right or privilege for the con-
sfructtsn or operation ~ any strest rail-
Way line or lines exceed the term NJ TWEEN
~ years, And provided also that 81 SHALL
net $50 necessary To suhsnft the aurs.fn, h,
tho electors in the case ~ any fraurht~e
Tor TIRE extension ~ any existing lin. fer
"a distance not exceeding a mile and a ha}f
from It's SUBURBAN terminus, or for any
connection between existing ilfses ,1ns 81,
cessdins two blocks such franchise h. rt.t,
for the gnex sptrei trfaa OF tAs .hts.
of tho itne 81 extended or connected aaA
un'scr tho same conditions AID restftc-
tions,
'ts' In The even; or forfeiture. or two
YEARS prior ia the expiration. cs any ex-
istins fTaDS aiss ~ franchises II sAaU a.
the duty cf the esty council IL prss;s.Y3 IL
sossiAi to the electors, proYia1Sf IN th~
ar osanstracttan and fof ih. s,sseFait,n nr
stFeet railways covering tho genera rgs.,ts
az s2oa franchise cT franchises So forfeit.
Ell or @N4isi1K
or this Ans-a3mea. NJ Humphrey szYs
.stsr last section al sht. propo..a
sm~"anent would practically ahot-
Ssh the Legislative body af ..r civ
government. This tn In conflict with
our state law deetnrfrg that the leg
asiatt~e powers os the city shall a..
vrstcd fn mayor and cit. cana
ell. Thts section &. ais. In conu,r,
with the Legislative act aI tSa-. mn
der which the rtte derive. ts. .a,x.
er, u any IL has. tn asn aud op~r-
ate street railways.
''For the atsose seAsens snfs e>-st,-, &.
sgyassd
THAT portion q sersiesf - slse t.r,4u,s
- amendment limiting tA<s terra ~ ae>.
franchise faT street gsA.Nav 20 a s..ss.4
90 nof ussfe ts&a tsesty years. lae..aUe
IL legal.
The atNeF provisions - sAtf esgo.fa., >
are very vague ard U.sesFtai1a. &a4 "a "a
.t4Fgak
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