The Pacific commercial advertiser., 1903-12-15

The elections had already been held
under. it and the expenses of this elec-
tion incurred and up to this time there
has been no question of its legality. It
is only lately in a certain portion of
the public press that there has been
q call for a test, whether it is for.
the purpose of getting a confirmation
by the Supreme Court of the county
act, when the validity has not yet
been attacked, or whether with the
hope of having it declared invalid, and
a special sehsion of the legislature
called or the centralized government
continued 1 do not know. I, for one,
in the light of recent disclosures in re-
gard to the Legislature, do not favor
a special session.
81 have been speaking with lawyers
in regard to the act and it seems to be
the feeling that although certain Sec
| tions have been knocked out, yet the
I act, as an act, stands. If that is the.
opinion, what then is the use of going
to court for a test case. The Bar
Association is not political in its make
up and is not anxious to have the law
knocked out. If we are satisfied then
to have it remain in force let us stay
out of the contest. The bar has shown
in the past in time of danger, or crisis,
that it's members were as patriotic as
any other class, and just as willing to
serve without pay as others. I think
in the revolution of 1895 they showed
this and threw their whole energy and
support at the foot of the government
My view in this matter is not prompted
by any thought that We would have to
perform our services gratuitously, for.
we are always anxious and willing to
do our part, but for one am against
1t. 1 can't see how we can ask the
Supreme Court to take up new case
when there is no question yet of it's
validity, and where no Territorial Off
Ger has as yet refused to surrender his
functions to the county officers Be
fore We can ask the Executive Com
mittee to see if litigation &can't be
started we must first show the Su-
preme Court that there is some real
controversy over it. 1t is not the pur-
pose Of this Association to stir up Iiti-
CATION"
REQUEST IS REASONABLE.
J. A. Matthewman said that the re-
quest was a reasonable one and that
the resolutions did not purpose to ask
the Association to determine whether
county government is good. 1t was
simply a request to take a test case
to the Supreme Court, and the only
thing was to accede to the desires of
the citizens and make the test. The
committee could determine whether to
bring the suit or whether it might
be better to first discuss the matter at
another meeting of the Association.
STEWART RESOLUTION.
Mr.. Stewart said it was simply
question of procedure, whether the
matter should be approached judicial
ly, slowly and with caution or in heat
and passion as characterized the town
meeting. He then offered the follow
ing substitute resolution:
Whereas, the Governor has initiated
a movement in the matter of the Coun-
ty Act; and
Whereas, this Association should
work in harmony with him in dealing
with said matter; therefore,
Resolved: That committee of three
be appointed by the President, he to
be the chairman thereof. to confer with
the Governor upon the said matter,
its next meeting their recommendation
as to how and when this Association
should proceed in the premises, and
whether it should institute any pro-
ceedings at ALL
Resolved: That when this Associa-
ton adjourn, it adjourn to meet in this
room, Monday, December 21st, 1903, at
4 o'clock p. m.
President Smith said he desired to
call attention to the fact that the new
resolution was not responsive to the
appeal of the town meeting.
Mr.. Stewart replied that his resolu-
ton didn't make the Association refuse
the request of the town meeting but
simply provided for the line of proce-
dure. He believed that it was the poll
cy of the Association to always work
in harmony with the Governor and
Chief Justice.
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