Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1909-06-17
ABSURD Objections
The Constitutional KICKS Of
H0QUlAM APPEAR SILLY.
They Are Raised by Lawyers Who
Were Confident of the Validity OF
the Law Until Aberdeen was DeS.
tgnafed AS the Place to Hold
Court.

Court.
From the passage of the act, pro-
viding for the division of counties
into judicial districts, and until the
of the sub-court, it would have been
impossible to secure.a legal opinion
in Hoquiam that the law was in
valid. Since the action of the COM
missiOners, the knockers have sue
ceeded in procuring legal lights who
find six distinct breakages of the
state constitution in that law. To
show the desperate extremity the
gentlemen of the hammer were driv-
en-, we print those constitutional OBJ
jections below, and briefly review
them from the standpoint of a lay
man:
l. That the constitution provides
that juries shall be drawn from the
whole county in the trial of criminal
cases; the new law permits iuries
to be drawn from the precincts of
each district.
2. That the constitution prohibits
the delegation of legislative authori-
ty; the new act delegates to county
commissioners legislative powers
| g. That the constitution provides
that all cases shall be tried at the
county seat; and that the new act
permits cases to be tried at some
other point in the counties.
4 That the constitution provides
one clear way for the division of
counties; and that this law sets up
another method, it being contended
that county division IS the virtual
effect of the act.
5. That the constitution does not
give power to county commissioners
to remove the county seat; and that
| the law authorizes county commits
siOners to remove portion of the
county seat.
6. That the constitution does not
permit judges to exercise other than
judicial functions; and that the law
gives judges, acting with the county
commissioners, power practically to
make now counties.
The first objection is deliberate
classification of the state constitu-
| IlOll, WhlCH SuS ., oCStlOu
Art. /, "The right of trial by jury
shall remain inviolate." The feder-
al constitution provides that the ac-
cused shall enjoy a speedy trial by
a jury Of the state and district"
where the crime shall nave been
committed. So much for Kick No. 1.
Kick No. 2, loses forces when the
constitution is looked over. Moth
ing is to be found to support this
contention of the knockers, and, in
fact the statutes provide for similar
delegation of authority" in sever
al instances. For instance, the coun-
ty commissioners are delegated the
authority" to Great road districts,
and have the final say in the forma-
tion of school districts, where there
is an appeal from the county su-
perintendent.
The third objection is purely i'm
aginary. The constitution does not
contain line, word or syllable that
can be construed to command the
trial of law cases at the county seat,
or at any other point. Nor can we
find any statutory provision requir-
ing the sitting of the superior court
at any particular place, in fact but
one or two county officers are re-
quired by law to keep an office at
the county seat.
Kick No. 4, is simply absurd. Di-
viding the county into judicial dis
tricts Greats no new county, and is
no more county division, in the sense
that term is used in the kick, than
is the division of a county into road,
school or other districts, power to do
which is delegated by legislature"
to the county commissioners.
Number 5, is another fabrication.
The commissioners have made no at
tempt to remove the county seat, nor
can any but freak imagination-or
a paid attorney-discover any such
intent in the law that has been at
tackled.
Roar No. 6, like the five previous,
is but sorry attempt to amend che
constitution to fit case, and, like
the others is misstatement of facts.
The act required of the superior
Judge is purely judicial, giving as
it does in many instances, the court
power to review the acts of the coul.-
ty commissioners.
Hoquiam kickers will have to pro-
t.uce objections more real than those
to induce the supreme court to over
turn a law that is calculated to
prove of great convenience and eco
nomy in many counties of the state.