Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1903-03-27

legal VOTERS Oh Tue COuUty. 1uio 10 Jul :
isdictional. An election held without
this prerequisite would be invalid.
Any one adversely affected could, in a
proper proceeding, have it so declared.
What is meant by" legal voters" and
how are the County Commissioners to
determine whether majority of such
voters have signed the petition? Does
the term legal voters" as used in the
bill, mean the same thing as "quali-
fed voters?" If so, the County Com
missioners would have to order the
taking of a census of the qualified
voters in the county to determine
whether the petition had been signed
by the requisite number. There is no
provision in the bill for the payment
of expenses necessarily incurred by
such proceeding. II by legal voters"
is meant those voting at the last cleo
ton, the difficulties in the way of the
com missioners determining whether
the petition had been signed by ma
jority of such voters would be fully as
great as in determining whether it had
been signed by a majority of the
"qualified voters" in the county. A
list of the names of those voting at
the last election would have to be OBJ
tanned and the petition examined to
determine whether it contained a ma
jority of such names.
1t may be said these difficulties could
be overcome. Perhaps 80; but what
time have the commissioners for that
purpose? BY the terms of the bill
they are required to order an election
to be held not less than twenty nor
more than thirty days from the filing
OF the petition with them. The bill
also provides that "the said election
shall be advertised and otherwise ar
ranged for and directed in like manner
as provided by law for the general
county election" Under section 1885
of Ballinger's code, it is the duty OF
the County Auditor to give at least 80
days notice OF any general election by
posting or causing to be posted up, at
each place of holding election in the
county, q written or printed notice
thereof. If, as this bill provides, the
commissioners should order an election
to be held not more than 80 days-the
longest time it gives-from the filing
OF the petition, the Auditor could not
possibly comply with said section 1885
by giving cat least 30 days notice by
posting or causing to be posted up,
at each place of holding election in the
county, q written or printed notice
thereof"
Some time must necessarily be con.
sumed in preparing and posting the
notices in each precinct in the county.
With the law as it now il, requiring at
least 30 days notice OF such an cleo
ton to be held not more than 30 days
from filing of the petition, the County
Commissioners would not have a single
moment for examining the petition
and determining whether it is signed
by majority OF the legal voters of the
county. II they take time to determine
this they cannot comply with the pro-
visions Of the bill. If they call an
election and the petition is not signed
by majority of the legal voters, the
election is invalid for the bill does
not provide for any finding on the part
OF the commissioners that the petition
is signed by majority of the legal
voters or even if such finding should
be made that it could be treated as
conclusive, or even primd fdcie proof
of the verify Of the findings. The bill
does not give the commissioners time
to determine nor point out to them
the method OF determining whether
the petition has been signed by ma
jority of the legal voters of the county !;
nor does it give to any finding that
they may make upon that question
any force or effect. An election under
this bill would involve heavy expense.
If, upon the presentation OF petition,
the commissioners should order an
election held at the public expense,
would anything be concluded? In any
civil or criminal proceedings growing
out of the bill could not the question
whether majority of the legal voters
of q county had signed the petition be
inquired intoi II so, an actual cleo.
ton of the legal voters OF the county
would then have to be had.
Again, the bill declares that "any
officer who shall fail to make provi.
sions for the elections herein provided
for shall be guilty of NAL
feasance in Office" and shall upon con-
viction forfeit his Office. 1t declares
officials guilty Of malfeasance in of.
fee" for not doing what it is impossible
to do in the time given.
For this bill to serve the purpose in
tended, provisions would have to be
read into it which it does not contain.
Believing that, in its present state.
it would be imperative and seeing no
good reason why our statute books
should be encountered with it, House
substitute bill No. 145 is disspproved.
H. B. No. 372, is disapproved, the
Governor says in his message, for the
reason that its general object seems to
be to facilitate the taking or damaging
Of private property for corporate uses
against the will of the owner thereof,
it might as we'll have been entitled AN
act making easy the taking or damag-
ing Of private property for corporate
uses against the will of the owner
thereof" No one questions the exist.
ence OF the right of eminent domain
in the State, nor the propriety of the
State delegating that right to private
corporations engaged in the perform.
snce OF public or quasi-public functions.
He holds that if in these days of mum.
berless corporations formed for pur.
poses so varied, additional safeguards
can not be thrown around the private
owner, at least such as now exist,
should not be removed.
He excerpts likewise to the provision
that should no jury drawn in regular
form be present at the time fixed for
calling jury to assess damages of
property owners, the Sheriff is author
lied to select the jurors upon an open
venire thus placing in the hands OF
one official the power to make his own
choice of jurymen for the panel.
House substitute for No. SO, an act
to create State Tax Commission was
vetoed IN the crOupd that tho POO ri