The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1908-05-09
GET OPINIONS FIRST
ATTEMPT TO SECURE SUPREME
COURT DECISIONS BEFORE
LAWS ARE PASSED.
Constitutional Amendment Necessary
plan Is Evolved to Submit Cues
tionable Bills Affecting Important
Measures to High State Tribunal
Before Passing.

Olympia, May Am attempt will
be made during the next session OF
the legislature to secure the adoption
of a constitutional amendment for Ia
ter submission to the voters, which
will permit the legislature to secure
the opinion of the supreme court upon
the constitutionality of proposed acts
which are important public measures.
Sentiment in favor of such an
amendment has been created by the
blocking of the operation of important
laws by suits testing their constitu-
tionality. A recent illustration con-
Germs the law passed by the last legis-
lature which exempts moneys and cred
it's from taxation. Two superior courts
have held the law to be unconstitu-
tional and the encouragement has adj
vised the tax commission to require
assessors to list moneys and credits
in spite of the law pending the deci-
sion by the supreme court.
A disastrous effect may result to
the state if the law is declared uncon-
stitutional by the invalidating of the
entire assessment roll adopted in
1907. The effect of such decision is
not certain, but the state, county, city
and school district revenues have been
placed in an uncertain condition by
the doubts that have been raised con-
corning the validity of the exemption
law.
Where Trouble Could be Prevented.
Another illustration where a deci-
sion by the supreme court pending
vented trouble is found in the railroad
commission law. The hands of the
railroad commissioners are now prac-
tically tied until the state supreme
court decides whether or not they
have the constitutional right to fix
rates as provided in the railroad COM
mission law. A decision adverse to
extra session of the legislature.
A third illustration is found in the
litigation now in the supreme court
affecting the constitutionality of the
primary election law. While this case
has not blocked the proceedings I'M
der the provision of the law invalid,
like a decision adverse to the railroad
to summon an extra session of the
| legislature.
A similar constitutional provision is
in force in the state of Colorado and
has been successfully tried, it is
claimed, for several years. Other
states have adopted the same plan.
The Colorado provision provides as
follows:
''The supreme court shall give it's
opinion upon important questions upon
solemn occasions when requested by
the governor, the senate or the house
of representatives, and all such opin-
| ions shall be published in connection
with the reported decisions of said
court"
Attorney General Atkinson has come
out in favor of such a provision, be-
cause, he says, of his experience with
litigation over important measures
during his term of office
The wording of the Colorado pro-
vision, says the attorney general
meets the possible objection that dur.
ing the sessions of the legislature the
supreme court might be burdened with
questions regarding the constitution
atty OF freak legislation or matters of
little Importance to the general pub
lic
Colorado Court Holds Check.
THE supreme court of Colorado. in
following out the provisions of the
constitution of that state, has adopted
rules which check the presentation of
bills to it for consideration except
those that fall strictly within the
meaning of the words of the constitu-
ton, important questions upon solemn
occasions
There have been instances when the
supreme court of that state has re-
fused to pass upon the constitutional
ity of acts relating solely to the pri-
vate rights of individuals and corpora
TORS. One instance of this kind was
when the legislature asked the court
to express its views upon a bill PRO-
viding that corporations must pay their
employees semi-monthly. Another bill
the court declined to consider was one
prohibiting corporations from paying
employees in merchandise or anything
but cash. In a few instances the court
has deviated from this rule, but then
1t was in cases of extreme emergency
or for reasons conducive to the public
welfare
With such provision in the con-
stitution of this state, it would be DOS
sible for the senate or house of rep
resentatives, by resolution, TO refer
bills or parts of bills of extreme i'm
portance, such as. the rate making pro-
vision of the railroad commission law:
the doubtful portions of the direct pri-
mary law; or the tax exemption laws
to the supreme court for opinions as
to their constitutionality before the
bills had been enacted.
II such laws are beneficial It is Ger.
ta1nly gODd nn1icv IN havo thnsr -