The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1905-02-23
MUCH ARGUMENT ADVANCED AS
TO WHAT POWER GOVERNOR
MAY HAVE.
Claimed That Removal of the Capital
From Olympia to Tacoma Is
Far Off.

measure that it is not necessary tC
| submit it to the governor is creating 6
great amount Of research by attorneys
| throughout the state.
1t is a peculiar fact in connection
with all the opinions so far given
that the men who believe the COVER
nor has no veto power in this matter
are men who favor moving the CAPT
toll, and that the lawyers who say the
measure must go to the governor are
those who want the seat of govern
ment to remain in Olympia.
The measure itself is drawn in the
form of all bills introduced in the
legislature, is designated Senate bill
No. 124, and opens with the usual
phrase of be it enacted by the legis-
lature of the state of Washington" II
bears ali the earmarks of an act, and
section of article of the cOnsti-
tuition says that every act which shall
have passed the legislature, shall be,
before it becomes law, presented to
the governor
In spite of this, Judge Fremont
Campbell an able lawyer of Tacoma,
who drafted the bill, says that it is
not necessary to present it to the
governor. Senator Will G. Graves of
Spokane, who it is alleged wrote most
of the constitution, has, according to
friends of removal, looked into the
question and decided that the governor
has no business will the bill.
On Changes Of Capital.
This contention is based on Sec
tons 1 and of article IA of the con-
stitution. Section 1 provides for the
method of determining the permanent
seat Of government. This has been
complied with. Section reads as fol-
lows:
when the seat of government shall
have been located as herein provided,
the location thereof shall not thereaf-
ter be changed except by a vote of
two thirds of all the qualified electors
of the state voting on that question,
at a general election; at which the
question of location of the seat of
government shall have been submitted
by the legislature
The above is all the constitution has
to say on the manner or method OF
changing the location of the state CAPT.
tai 1t is contended that under this
section the vote may be submitted to
the people in the same manner as
constitutional amendment. Provisions
by the legislature for submitting a
constitutional amendment are not pre-
scented to the governor for approval or
Veto 1t is also asserted that the word
'bi1T' was used as a convenient des-
ignation for what is in reality joint
resolution. Stress is laid upon the fact
that the constitution does not direct
that the legislature shall provide by
law for submitting the question to the
people.
Contentious of the Veto Men.
On the other hand the men who
argue that the governor has the veto
power point out that the bill directs
the manner of preparing the ballot for
the capital removal question, des'g-
mates the phraseology and specifies a
proposed location for the seat of gov
ernment They say that for that rea-
son it is a proposed law. They point
to section IS of article 2 of the consti-
| tuition, which says, land no law shall
be enacted except by bill' to section
| of article above referred to, which
| requires that all acts shall be present
ed to the Governor.
Attention is also called to a pecul-
iarity of the constitution in that in one
instance it provides that the legisla-
ture may accomplish certain things by
enacting laws, while in other sections
the constitution simply says the legis-
lature may do thus and so.
1t is alleged if the legislature has
the power to submit the capital remov-
al question by the passage of res
olution without the approval of the
governor, it may in the same method
and without the approval of the gov
ernor, district anew the members OF
the legislature; change the time OF
meeting of the legislature; increase
the salary of any state officer; abolish
the offices of commissioner of public
lands; increase the membership of the
supreme court, and make several other
important changes in the conduct OF
the state government.
May, Not Shall.
All these things the constitution says
the legislature may do. 1t does moi
mention that they shall be done by law
1t is commended that, under the Camp
bell and Graves construction, reckless