The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1899-09-25
A. 10 4 SPECIAL snss1on.

en-, v5sw them otaer than WIN apDsoval
-
~ 10 4 sPuClAL sns11oN.
Because tina legislature 1t IL last
session failed 70 pass IN oct rsgulating
the number q judges for the state and
creating their districts. Il laas been ar
gued that special session win BE- nec-
essary. Failing this. the old law wsulc
prevail and King and PSesce have only
one Judge each. vhfle Spokane would
have two.
That this was not contemplated. but
that It was the Intention a. the legisla-
ture to make the law Of ~ permanent
until changed By another act, b not
doubtsd By anybody. The only question
h whether the purpose Of the legisls-
ture was accomplished
Il = . serious question. because there
= Just enough doubt shout Il to admit
Of two constructions. yet not more
than b capable Of construction BY .
court. Gov. Rogers has Submitted the
question to lawyer who y described -
one Of the ablest IN the state. and whose
opinion should therefore Be accepted
with respect: but hs differs from an
other authority. who has also some
claims to consideration.
We are decidedly Of the opinion that
the law Of 1896 b = permanent law. but
we reach the conclusion by another
road than that taken BY the gentleman
to whom the governor referred the mat
ter. We believe The acts Of 1850 and
1891 should be eliminated entirely. and
the act Of 1886 held to proceed directly
from the ccnstitution. and therefore .
permanent act until Il. In turn. u super
ssded ~ those Of 1850 and 1881 were
By t.
The constitution sAys: There shall
be IN each Of the organised counties Of
this state . superior court, Tor which
at least one Judge shall BE- elected II the
general state election: provided that. un-
I'll otherwise directed By the legislature.
one Judge only shall b. elected for the
counties Of (naming thsmC' and the ap-
portionment = then made. The section
then goes on to say that the flrst supe-
rior Judges elected shalt hold for three
years. and thereafter the term Of Of
Ace Of all superior judges shall be for
four years from the second Monday in
! January next succeeding their election
and until their successors are elected
and qualified" Here perpetual success
sion = established. and In 1896 the leg
isiAturs exercised the authority given
It BY the constitution and ''otherwise
directed." II simSiy substituted . new
apportionment Of districts for the one
provisionally laid down In the cOnstitu-
ton. II directs when the change shall
be made. and the constitutional success
sion follows ~ = matter Of course.
The ait Of 1896 = complete. road IN
conjunrtiou with the Constitution. The
acts OF 1850 and 1891 cut no figure. The
law Of 1896 says nothing shout the
terms: II u inferentialiy governed by
the constitution The act Of 1850 mere
~ provides for certain additional
Judges. whose terms are 10 expire" In
four years. and Il could very reasonably
Be held that thsy were only temporary
additional judges created because. ~
the statute says, an emergency existed
on account Of "an accumulation Of bus
iness"
Admitting that the act OF 1888 10 not -
complete a. II might be. we hold that
II h perfect and permanent read into
Its proper place In the constitution. and
that there II no need OF . special ses-
afup.