Reeves v. Anderson

Citations

• 13 Wash. 17
• 42 P. 625
• 1895 Wash. LEXIS 41

Syllabus

<p>CONSTITUTIONAL LAW—DELEGATION OF LEGISLATIVE POWER — CONSTRUCTION OF STATUTES—AMENDMENT OF CHARTERS OF CITIES OF FIRST CLASS.</p> <p>Before the judiciary will declare an act of the legislature invalid on the ground that it is in conflict with the constitution, such conflict must be shown to be clear and unquestionable, and every intendment must be given force in favor of the constitutionality of the law.</p> <p>Under the provisions of our state constitution the power is delegated to cities of the first class to frame charters for their own government, subject to the general laws of the state.</p> <p>The right of a city of the first class to make a new charter is included within the constitutional grant of power to frame a charter, and the mode pointed out in art. 11, § 10 of the constitution for submitting proposed amendments to a vote of the people should not be construed as exclusive of every other method.</p> <p>The power conferred by the constitution upon the city council in cities of the first class in the matter of submitting propositions for amendment or revision of the city charter is purely ministerial, and the council is not vested with discretionary power in the matter to such an extent as to make it illegal for the legislature to prescribe the manner of proposing such amendments.</p> <p>The power of cities of the first class to frame a charter for themselves is a continuing right vested in the voters of the city, and it does not become exhausted because once exercised.</p> <p>The constitutional provision authorizing cities of the first class to frame charters for themselves is not self executing to such an extent as to render invalid an act of the legislature, whose object is to further the exercise of the right and make it available.</p>