State ex rel. Blakeslee v. Clausen

Citations

• 85 Wash. 260
• 148 P. 28
• 1915 Wash. LEXIS 1273

Syllabus

<p>Constitutional Law — Construction of Constitutional Provisions. In ascertaining tbe intent in adopting an amendment to tbe constitution providing for tbe referendum on new laws, courts may resort to tbe bistory of sucb legislation, tbe contemporaneous construction, tbe changes made, tbe context and subject-matter, and tbe purpose and spirit of tbe act and tbe form in which tbe idea has been fashioned in other states.</p> <p>Statutes — Enactment—Referendum — “Support.” Tbe seventh amendment of tbe state constitution (Const., art. 2, § 1, subd. b) giving tbe right of referendum upon all laws except sucb as may be necessary for tbe “immediate preservation of tbe public peace, health and safety, [and tbe] support of tbe state government and its existing public institutions,” contemplates “support” as including appropriations for current expenses, maintenance, upkeep, continuation of existing functions, as well as appropriations for sucb new buildings and conveniences as may be necessary to meet tbe needs and requirements of tbe state in relation to its existing institutions.</p> <p>Same — Referendum — Appropriations. Under sucb referendum clause of tbe constitution, a law providing for a state institution and carrying an appropriation is subject to referendum, where it brings tbe state into a new activity or provides for a new function, so that it might be fairly said that it did not pertain to tbe support of tbe government as then organized, or to any existing institution.</p> <p>Same — Reference of Part of Act — Effect on “Support” Provisions. All ordinary appropriation bills are excepted from tbe operation of sucb referendum clause of tbe constitution; but tbe presence of an appropriation measure as part of a bill would not necessarily deprive the people of the right to pass upon other portions of the bill; nor would an appropriation for the support of an existing institution fail while some particular item in a general law of which it is a part is 'subject to ref