The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1899-11-17
~ AKING up Corporation Counsel
Humphreys opinion In detail. Judge

Humphreys opsuion Ia oSsAhs s1Ss
Wfnsor Gays:
s-There Is no citation Of authorities
or general principles BY the corporation
counsel TO sustain his position. and
cannot deal with his opinion from q
legal STANDPOINT ut this time a. wouio
like to-
ssRefesrinx TO the proposed amend
nlent 20 subdivision fifteenth o! sec
ton Is. article ". 81 the city charter.
the corporation counsel says: The last
section Of this proposed amendment
would practically abolish the legislative
body OF our city government
This IL an amazing assertion.
flippant way OF disposing OF vital
question. This last section Is as toi-
"s(O In event Of forfeiture OF two
years prior to the expiration OF any ex~
isting franchise or franchises. ], shall
be the duty of the city council to pre-
pare and submit TO the electors. az pro-
vided by the state laws, a plan for tho
purchase or construction and for the
operation of street railways covering
the general route or such franchise or
franchises 30 forfeited or expiring.
Because the people OF the city In
their charter impose duty upon the
city council the corporation counsel
nippantiy assumes that IL would prac-
sically abolish the legislative body OF
the city government. Pe forgets that
Il IL the province Of constitutions and
municipal charters To impose upon the
legtsiative bodies they create duties
and obligations. Fer inssanee. section
10 Of article III. OF our constitution on
the legislative department. or tho gov
eminent prohibits public Officers from
accepting or using passes over rail-
ways other than IA the same may be
purchased by the general public. and
then imposes upon the legislature tho
duty of passing laws to inforce It In
shta language: And shall pass laws
70 enforce this provision.'
'Tha general laws OF the state resu-
lating cities impose certain duties upon
the legislative power OF cities and where
the people framed their own charter. as
under our constitution. they also d.
reetiy impose these duties.
''He then asserts that this proposed
provision IL In conflict with our state
law. declaring that tho legislative pow
mayor and city council. Remarkable
indeed. He falls 10 point out wherein.
He omits To cite the law itself. Permit
me 10 do no:
City's legislative Powers.
The legislative powers Of any city
organized under the provisions OF this
act shall be vested I'm mayor aud city
council. TO be constituted of such num-
Dor OF members and TO have such pow
ers as may be provided for I'm its char
ter Claws Of iSn, page 223 seetinn
g. Both the constitution az the enuG-
oil and the powers which II shall exer-
else are questions left to tho people 10
be provided N their charter when they
frame IL.
''He also asserts that this section IL
also I'm conflict with the legislative act
Of issi. under which the city derives
It's power if any II has 10 own and
operate street railways ask where
tn o Ia "A. 1 a. . t. -
conflict with the act 81 iNi. ! deny
that /, IN In conflict with the power
conferred In tho amendment 20 the
flrst section Of the act Of issf. found in
the laws OF 1883. a. PAGE 80 Among
the powers conferred in that section Is
this, stated In the following language.
And to construct. condemn and
purchase. acquire. add TO. maintain and
operate cable. electric or eshef railroads
within the corporate limits az such city
OF town for the tram paFlat!9n of 4 eight
and passengers, with fNli Authority 20
regulate and control the axs ana opera
ties thereof. and - IN. alter. regulate
and control the fares amd rates 10 be
charged thereon,
THIS power is conferred upon she
city. II II net primary power con-
fesrsd upon the legislative department
Of the city, The primary power Is con-
ferfc9 upon the -szY. end fsN asSQinp-
item pf The corporation counsel ia IN coa-
flict With the very law which he cites,
lilo evidently assumes THAI because
the sccay:d section Of the aci q isSf pro-
Nisies that the city council ss easiow -
with ths AugS. under certain TircuE-
stances. 10 pan into operation this right
and carry II cut. ihAI Ii - exclusive of
ali other me- ae,ss 81 sbe city aegeynlln-
Ing 10 exercise tire power, The tam
kasEe os the section IS tiag Whenever
the city council or other corporate aa-
;tfority Of any asiEh ely shall s}eeya 4
asvisahSx etc. "a eNerclas this rtgAt.
thA. certain fhiags saaN Be dars VIA;
other corporate authority Why, she
people ~ the city tD exercising thair
right 20 frame their charter an,s xtvs
Commands 60 sheiT lav4etAk TAG power
The corporation counsel seems % saggvt
she very Iirss sentenCs ot tae eaasstsu-
s!aa 0s EAts state tGat Az EaN{itt*Al
power Is inhervn; In sao pt spie.' an
Torsxts that sfe people Ia = city * .he
first class under INA constitution ard
ua9er general LAWS exercise tais in
hereni power
HE sorgsss snat osar constitution pre-
vtaes THAI the enumeration &c shlz con
stttassen II CERTAIN rights shall ret D..
construed 70 uSlsy 0tners retained 10y
the people
'aTshe exercise q tie primary riga,
conferred uncn city 10 oga ard epe-
rate itx own street car system unaeg
prpTsxtons emtsae In As ely charter
ar hs amendments thereto. - POI -.
oauSa3 or prohibited because The ely
council may. under the la~, bring laiO
operation the same Fsgst.
Rights of the People.
Again say thas under cvr esssitta'
ton the power of gha p~1pss * HE slts
90 exeresse shis municipal power /,
bssas.es than Il Is la the constitution
os most u th- states Tasre "a 30 EFe-
vision In Our csnssil 8itaa Fer tae Gsle-
sxtscsi hy the lsxissasars e. city sos.
s.yunaass 81 legislative power T6@ iss
fslatiss Yo~reF ~ the state is vested Is
a ssssase ana house - se2rssss 2 "a tsNes
hat the legislative power ~ cssfss &.
.,rose.ssssf an1 preserved ny the szsas
constitution trssapes2aeEs Il ans legi&a.
tive asiosNtion. TX 10 emily controlled
Ia sssy.yios1s IT Qfasral lAN
NEsse1koG q cf S1tloss II CT Sc cc...