The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1904-04-02
WOULD IT BE CONSTITUTIONAL d?


commission question has become prom
inent in Washington politics through
the efforts of some of her leading re-
publicans to induce the party state
convention to put ticket in the
field this year, upon a platform de-
handing the enactment of a law Gre
ating a railroad commission with pow
err to establish rates Of freights and
fares. Before the party is committed
to the proposed line of policy it is we'll
to endeavor to view it in calm, ju
dcial spirit, by the light shed upon
1t by the authorities, in an earnest en-
deavOr to ascertain the power over the
question possessed by our legislature.
In his great work on constitutional
limitations, Judge Cooley says: Every
American Legislature is the creature Of
the constitution and strictly subordin
ate to it," Judge Cooley cites with ap-
prevail, the decision of Mr.. Justice De-
Mo, of the highest court of New York,
rendered half a century ago, that THE
rule of law upon this subject appears
to be that, except where the constitu-
ton has imposed limits upon the legis-
lative power, it must be considered as
practically absolute, whether it OPP
crates according to natural justice or
not in any particular case"
What the legislature is prohibited
from doing it does at it's peril. 1t can
not do any act which it is forbidden to
do. All of its acts are subject to re-
view by the courts, which have the
power to declare such acts as they
decide are in conflict with the consti
tuition, void and of no effect. What
the legislature is directed to do it may
do or not do, at its pleasure, and no
one save the people who elected its in
dividual members, can inf1ict any kind
of punishment on it, and the only pun
ishment the people can legally inf1ict
on the legislators who fail or refuse to
carry out the mandates of the constitu-
ton is to relegate them to private life,
and elect others in their places.
If a legislature is commanded by the
constitution to do a certain thing, it
cannot delegate that power to any
other person or body. The courts have
so frequently decided that a Legislature
cannot delegate the powers expressly
conferred on it, powers it is command
ed to exercise, that every reasonable
person considers the question settled.
The Legislature must either exercise its
powers or let them lie dormant. Judge
Cooley says: Every positive direction
contains an implication against any
thing contrary to it, or which would
Illustrate or disappoint the purpose of
that provision
"One of the settled maxims of con-
stitutional law" says Judge Cooley,
Legislature to make laws cannot be del
egated by that department to any
other body or authority. Where the
sovereign power of the state has locat-
ed the authority, there it must remain;
and by the constitutional agency alone
the laws must be made until the con-
stitution itself is changed. The power
to whose judgment, wisdom and patri-
otism this high prerogative has been
intrusted cannot relieve itself of this
responsibility by choosing other
agencies upon which the power shall
be devolved, nor can it substitute the
judgment, wisdom, and patriotism of
any other body for those to which
alone the people have seen fit to con-
fide this sovereign trust"
The constitution of Washington, for
instance says, The legislature shall
determine the number of justices of
the peace in incorporated cities" Any
act OF the legislature which, for IN
stance, pretended to confer on the city
council of Walla Walla the power to
fix the number of justices in that city,
would be held in conflict with the con-
stitution and void. And so of every
provision of the constitution which
reads the Legislature shall provide"
or "direct' or determine" or pass
laws the general prohibition forbid
ding delegat ting or comforting it's ex-
press authority on any other person.
corporation or commission is operative
and such action is unconstitutional and
void.
Wherever a constitution says the
Legislature may" do this or that, it is
at liberty to do as it deems best for
the public good. 1t may exert the
powers conferred by the permissive
language or it may delegate those pow
ers to others. So careful were the