Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1911-04-24
The Commission Plan


a lengthy opinion by City Attorney
Hogan on the Allen Commission Law,
that reads more like an appeal to
jury than the written opinion of coun-
sci upon the legality of statute. The
argument would not be presented in
a brief to a court by any lawyer pos
sessed of respect for the intelligence
Of the court.
He starts out with this impossible
requirement: mo city should adopt
this law until assured of it's legality"
As the act of the legislature is legal
until declared otherwise by the SUI
preme court the legality of this act
can never be determined-if it's de-
termination is necessary-if Mr..
Hogans advice be accepted. The de
cisiOns of the supreme court of Wash
ington have been uncertain in the
to predict its judgment upon this par
ticular act, but should portions of it
be found to conflict with the constitu-
ton, better grounds will have to be
set forth than are contained in the
opinion under consideration.
That the Allen Law is in perfect
accord with Section 10, Article II of
the constitution, is too plain to mis-
lead layman, as it makes practi-
cally no changes in the manner of
city becoming incorporated or going
from one class to another from that
required in the present law. To in
corporated a city or town under the
petition and end by referendum
vote, just as they will do under the
Allen law. This law is general in its
application, and carefully complies
with the constitutional requirement
for "the incorporation, organization
and classification in proportion to
population Any changes in the mum
Der of inhabitants are but changes of
a statute law, which the new act re-
peals, yet, Attorney Hogan fears that
this change-of statute law, in di-
rect line with the old law-might be
found at variance with the section
Of the constitution quoted The po.
sition is untenable.
The dominant note in the opinion
reveals the dread Mr.. Hogan has of
the adoption of the iniative and refer
endum, and this fear, the Herald be-
lieves, has been permitted to over,
ride his judgment upon the other
phases of the law. Referring 10 di-
rect legislation. he says:
Here we have provision for direct
legislation by the people themselves
The legal question here involved is
whether this is permissible under the
constitution as it now stands. 1t is
true that constitutional amendment
is pending which is to be voted on at
the next general election providing
for the initiative and referendum, but
the legal question here is, as to
whether this mode of legislation, by
direct vote of the people is in CON
flict with the constitution as it now
all legislative powers shall be vested
in the senate and house of represen-
tatives, which together are called the
legislature 1t contains other provis-
ions relating to the delegation of
legislative power for specific pur-
poses to the organized cities and
counties. 1t is a very grave question
whether the people can legislate d.
rect themselves without the adoption
of constitutional amendment"
The Herald is not skilled in the law,
but if it can read this extract from
the opinion Understandings, the lat
ter part of it fatty contradicts the
contention sought to be made. In
admitting the authority of the legis-
allure to delegate legislative power
to cities and counties, it admits the
constitutionality of the initiative and
referendum. There is no constitution.
a! restriction as to the number this
legislative power may be given to by
statute law At present, counties
have legislative body Of three, vari.